Key Takeaways
- October is Domestic Violence Awareness Month, a time to encourage abuse awareness and promote resources for survivors.
- New Jersey restraining orders can address contact, housing, custody, support, and other safety concerns.
- Domestic violence can affect divorce, child custody, parenting time, and living arrangements.
What Is Domestic Violence Awareness Month?
Domestic Violence Awareness Month is observed each October to increase awareness of abuse, support survivors, and connect people with legal and community resources.
What Is Domestic Violence?
Domestic violence is not limited to physical assault; rather, it is a pattern that may include physical, emotional, verbal, or sexual abuse, along with threats, intimidation, isolation, or financial control. Under New Jersey’s Prevention of Domestic Violence Act, qualifying acts can include assault, harassment, stalking, terroristic threats, criminal coercion, sexual assault, criminal mischief, burglary, and cyber-harassment.
The law can protect someone harmed by a current or former spouse, household member, dating partner, or a person with whom they share or expect a child.
Recognizing the Signs of Domestic Violence
Warning signs can include threats, repeated harassment, stalking, controlling access to money, isolating someone from friends or relatives, monitoring communications, destroying property, sexual coercion, or physical violence. Nonphysical conduct, including harassment and stalking, can also fall within New Jersey’s domestic violence law.
Legal Options for People Experiencing Domestic Violence in New Jersey
A person experiencing domestic violence may seek a temporary restraining order, or TRO. During court hours, a request can be made through the Superior Court Family Division. During evenings, weekends, and holidays, a person can go to a local police department. If a TRO is issued, the final restraining order hearing is generally scheduled within 10 days.
At that hearing, a judge decides whether domestic violence occurred and whether a final restraining order, or FRO, should be entered. An FRO can prohibit contact, bar the defendant from the plaintiff’s residence or workplace, address weapons, award temporary custody, order support, and give the plaintiff exclusive possession of the residence. New Jersey FROs do not expire unless later dismissed by the court.
How Domestic Violence Can Affect Divorce and Child Custody
Domestic violence can affect several parts of a divorce or family law case. New Jersey courts consider the history of domestic violence and the safety of the child and either parent when deciding custody. A restraining order may also affect parenting time, temporary custody, support, and who may remain in the family home.
Where to Get Help in New Jersey
Anyone in immediate danger should call 911.
New Jersey’s 24-hour Statewide Domestic Violence Hotline is 1-800-572-SAFE (7233).
In Essex County, state-listed resources include the Essex County Family Justice Center at 973-230-7229 and The Safe House 24-hour hotline at 973-759-2154.
How a Short Hills Domestic Violence Lawyer Can Help
A Short Hills domestic violence lawyer can explain restraining-order procedures, help prepare evidence for a hearing, address related custody or support issues, and coordinate domestic-violence concerns with a pending divorce. An attorney can also help identify requests involving children, finances, contact restrictions, and living arrangements.
Frequently Asked Questions
What is the difference between a TRO and an FRO in New Jersey?
A TRO provides temporary protection before the final hearing. An FRO is entered after the court finds that the legal requirements are met and can remain in effect indefinitely.
Can a restraining order make someone leave the home?
Yes. An FRO may give the plaintiff exclusive possession of the residence and bar the defendant from returning.
Does domestic violence affect child custody in New Jersey?
It can. Courts consider domestic violence history and safety when determining child custody.
Where can I file for a restraining order?
During court hours, you may apply through the Superior Court Family Division in an eligible county. After hours, you can seek assistance through a local police department.
Short Hills Domestic Violence Lawyers at Diamond & Diamond, P.A., Provide Compassionate Legal Aid
The experienced and compassionate Short Hills domestic violence lawyers at Diamond & Diamond, P.A., can address domestic violence issues that intersect with divorce, custody, support, and living arrangements. Call us at 973-379-9292 or contact us online for a consultation. Initial divorce consultations are free. With an office located in Short Hills, New Jersey, we serve clients throughout the state.