Diamond & Diamond, P.A.

NJ Family Law Attorneys

High-Quality Representation in Divorce
and Family Law Matters

Millburn Domestic Violence Lawyers

Domestic violence can affect individuals and families across all backgrounds and income levels. According to the Centers for Disease Control and Prevention (CDC), approximately one in four women and nearly one in 10 men in the United States experience intimate partner violence involving physical harm, sexual violence, or stalking during their lifetime. These experiences often have lasting physical, emotional, and financial consequences.

If you are experiencing domestic violence or have been accused of committing an act of domestic violence, understanding your legal rights and obligations under New Jersey law is critical. At Diamond & Diamond, P.A., our Millburn domestic violence lawyers help clients navigate the legal system, whether seeking protection or responding to allegations.

What Is Considered Domestic Violence in New Jersey?

Domestic violence in New Jersey can take many forms and includes a wide range of behaviors beyond physical abuse within current or former intimate or family relationships.

Under New Jersey law, domestic violence may include acts such as assault, harassment, stalking, terroristic threats, criminal restraint, sexual assault, criminal mischief, and other offenses when committed by a person who has a qualifying relationship with a spouse, former spouse, dating partner, household member, or co-parent.

Domestic violence cases are handled in the Family Part of the Superior Court and are governed by the New Jersey Prevention of Domestic Violence Act.

Who Is Protected Under New Jersey’s Domestic Violence Laws?

New Jersey’s domestic violence protections apply to individuals who are 18 or older, or emancipated minors, who experience abuse by someone with whom they share a qualifying relationship. Protection may be available even if the parties no longer live together or are no longer in a relationship.

Courts focus on the safety and well-being of the person seeking protection, particularly when children are involved. Allegations are taken seriously, and court orders can be issued quickly when immediate protection is needed.

What Are Restraining Orders, and How Can They Help?

A Temporary Restraining Order (TRO) is an emergency court order designed to provide immediate protection to someone who alleges domestic violence. A TRO may be issued by a judge without the accused person present if the court finds that immediate protection is necessary. A TRO can:

Prohibit contact between the parties.
Remove the accused from a shared residence.
Grant temporary custody of children.
Restrict access to firearms.

After a TRO is issued, the court holds a hearing to determine whether a Final Restraining Order (FRO) is necessary. If granted, the FRO does not expire unless formally dismissed and can have lasting effects, including no-contact provisions; custody restrictions; and impacts on housing, employment, and firearm ownership. Because these orders can carry long-term legal and personal consequences, it is important to understand how they may affect your rights moving forward.

How Do Domestic Violence Cases Affect Divorce and Family Law Matters?

Domestic violence allegations can significantly influence how divorce and family law issues are handled in New Jersey. Courts are required to consider safety concerns and the best interests of any children when making decisions on issues such as the following:

Child Custody and Parenting Time: Courts must consider any history of domestic violence when determining child custody Findings of abuse may limit parental rights, require supervised visitation, or restrict contact if a child’s safety is at risk.
Child Support: Child support is calculated under New Jersey Child Support Guidelines, but domestic violence may indirectly affect support by influencing custody arrangements, visitation, or a parent’s ability to work or maintain financial stability.
Alimony: Domestic violence may be considered when evaluating alimony, particularly if abuse affected a spouse’s earning capacity, financial independence, or ability to maintain the marital standard of living.
Property Division: Although New Jersey follows equitable distribution, the courts may consider whether one spouse’s abusive conduct financially harmed the other through property damage, misuse of marital funds, or dissipation of shared assets.
Marital Home Use: Restraining orders may grant one party exclusive use of the marital residence, regardless of ownership, which can affect housing arrangements during divorce.
Modifications and Enforcement: A history of domestic violence may also affect future requests to modify custody, visitation, or support agreements, and the courts may impose additional safeguards when enforcing orders.

What if I Have Been Falsely Accused of Domestic Violence?

Domestic violence allegations carry serious legal and personal consequences. Even when allegations are disputed or exaggerated, restraining orders may still be issued temporarily until a full hearing is held.

If you have been accused of domestic violence, it is important to understand that your actions during the early stages of the case can affect the outcome. Courts evaluate evidence carefully, and having experienced legal representation is crucial to ensure your side of the story is properly presented and that your rights are protected throughout the process.

How Can a Millburn Domestic Violence Lawyer Help?

Domestic violence cases move quickly and can involve high emotions, safety concerns, and complex legal standards. Whether you are seeking protection or responding to allegations, having an experienced lawyer who understands New Jersey’s domestic violence laws and court procedures can make a meaningful difference. Working with our skilled Millburn domestic violence lawyers can help you:

Understand the legal process and what to expect at each stage.
Prepare for temporary and final restraining order hearings.
Address related custody or family law issues.
Navigate the long-term implications of court orders.

We take domestic violence matters seriously and with discretion and focus on providing clear legal guidance during challenging situations.

Frequently Asked Questions Regarding Domestic Violence and the Legal System

How quickly can a restraining order be issued? A temporary restraining order can often be issued the same day an application is made if the court finds that immediate protection is necessary.
Will I have to face my abuser during divorce proceedings or in court? Court appearances may require both parties to be present, but separate waiting areas, limited contact, or structured proceedings are often established to prioritize safety.
What if my abuser and I are not married? You do not have to be married to be protected under New Jersey’s domestic violence laws. The Prevention of Domestic Violence Act applies to individuals who have certain qualifying relationships, including dating partners, former partners, household members, or co-parents.
Are domestic violence proceedings public record? While court filings are part of the legal record, access may be limited, and certain information may be confidential, particularly when safety or minor children are involved.

Our Millburn Domestic Violence Lawyers at Diamond & Diamond, P.A., Protect Clients From Abusive Situations in Family Law Matters

Domestic violence matters can feel overwhelming. Our compassionate and experienced Millburn domestic violence lawyers at Diamond & Diamond, P.A., provide clear guidance to help you understand your legal options and navigate the process. Call us at 973-379-9292 or contact us online; the initial divorce consultation is free. With an office located in Short Hills, New Jersey, we serve clients across the state.