Diamond & Diamond, P.A.

NJ Family Law Attorneys

High-Quality Representation in Divorce
and Family Law Matters

Summit Domestic Violence Lawyers

Domestic violence continues to be a serious statewide public safety and family law issue. The New Jersey State Police respond to tens of thousands of domestic violence incidents every year, involving individuals from all backgrounds and communities. Divorce cases involving domestic violence often require immediate legal attention due to safety concerns and the lasting legal consequences that may follow.

If you are dealing with domestic violence allegations in Summit, whether seeking protection or responding to allegations, it is important to understand how New Jersey law addresses these cases and how they might affect your legal rights.

At Diamond & Diamond, P.A., our Summit domestic violence lawyers help clients navigate these matters with a clear understanding of court procedures, restraining orders, and how domestic violence cases intersect with divorce and other family law issues.

What Is Domestic Violence in New Jersey?

New Jersey’s Prevention of Domestic Violence Act provides legal protections for individuals who experience abuse within certain personal relationships. The Act applies to individuals who are 18 years of age or older, or emancipated minors, who experience abuse by a spouse or former spouse, dating partner, household member, or an individual with whom they share a child. Under the Act, domestic violence includes criminal offenses, such as:

Assault or threats of physical harm
Criminal mischief, including property damage
Criminal restraint or false imprisonment
Cyberstalking
Harassment or repeated unwanted contact
Stalking or monitoring behavior
Terroristic threats
Sexual assault or related offenses

The law is designed to address a wide range of abusive conduct and to offer immediate and long-term court-ordered protections when necessary. Domestic violence is not limited to physical injury. Courts may consider patterns of behavior that create fear, control, or harm when evaluating domestic violence complaints.

What Protections Are Available When Domestic Violence is Part of Divorce?

When domestic violence is alleged during a divorce, New Jersey courts prioritize safety, particularly when children are involved. Judges have the authority to issue protective orders quickly when immediate intervention is necessary, and these orders can affect multiple aspects of a divorce case.

If the court finds that there is a risk of harm, the judge may issue a Temporary Restraining Order (TRO) to address immediate safety concerns. A TRO can limit or prohibit contact between the parties, require one to leave the residence, establish temporary custody or parenting arrangements, and restrict firearms access. The order is typically issued on an emergency basis and is followed by a court hearing to determine whether continued protection is necessary.

A Final Restraining Order (FRO) may be ordered if the court determines that ongoing protection is warranted. FROs do not expire and can affect custody, housing, employment, and firearm rights.

How Does Domestic Violence Affect Divorce?

When domestic violence is part of a marriage, it can influence how a divorce proceeds and how the court handles certain decisions. New Jersey judges are required to consider safety concerns alongside traditional divorce factors, particularly when children or shared housing are involved. Domestic violence may affect a divorce in several ways, such as:

Child Custody: Courts must evaluate any history of domestic violence when determining custody and parenting time. Depending on the circumstances, this may result in restrictions, supervised parenting time, or limitations designed to protect a child’s well-being.
Child Support: Domestic violence can indirectly affect child support outcomes by influencing custody arrangements, parenting time schedules, or a parent’s ability to safely and consistently earn income.
Alimony: Domestic violence may be relevant when evaluating alimony or support if abusive behavior affected a spouse’s ability to work, access income, or remain financially independent during the marriage
Property Division: Courts may consider whether one spouse’s conduct caused financial harm to the other, such as through destruction of property, misuse of marital funds, or depletion of shared assets.
Marital Home Use: In cases involving restraining orders, one spouse may be granted exclusive use of the marital residence during the divorce, regardless of ownership, which can affect living arrangements and access to property.
Modifications and Enforcement: Courts may take a history of domestic violence into account when reviewing future requests to change custody, parenting time, or support orders, and require additional protections when enforcing existing agreements.
Case Management and Court Oversight: Divorces involving domestic violence often proceed with increased court involvement, structured communication requirements, or additional safeguards to address safety concerns.

Why Work With a Summit Domestic Violence Lawyer?

Domestic violence cases often move on an expedited timeline and involve complex legal standards. Whether you are seeking protection or responding to allegations, an experienced domestic violence lawyer can help you understand the process, defend yourself against allegations, and prepare for court proceedings. At Diamond & Diamond, P.A., our Summit domestic violence lawyers can assist with:

Preparing for restraining order hearings and expectations.
Understanding how domestic violence cases intersect with divorce or custody matters.
Addressing the long-term effects of court orders.
Navigating Family Part procedures and compliance requirements.

Our approach is focused on preparation and ensuring that clients understand how domestic violence proceedings may affect their rights and responsibilities.

Frequently Asked Domestic Violence Questions

What if I have been falsely accused of domestic violence? Domestic violence allegations are taken seriously, and temporary court orders may be issued until a hearing is held. If you are accused, you have the right to present evidence and testimony, and the court will evaluate the facts before making a final decision.
How quickly can a TRO be issued? A TRO may be issued the same day an application is made if a judge determines immediate protection is necessary.
Will a domestic violence case affect my ability to see my children? It can. Courts must consider safety when issuing custody and parenting time orders and may impose restrictions or supervision if domestic violence is a concern.
Can domestic violence issues be addressed at the same time as divorce? Domestic violence matters often overlap with divorce and family law cases, and court orders issued in one case can directly affect the other.
How long do domestic violence cases usually last? Some cases are resolved quickly, particularly if only temporary relief is sought, while others may continue alongside divorce or custody proceedings depending on the circumstances.

Summit Domestic Violence Lawyers at Diamond & Diamond, P.A. Address Protection and Family Law Matters

Domestic violence cases often involve urgent legal actions, as well as questions. If you are facing this situation, our Summit domestic violence lawyers at Diamond & Diamond, P.A. provide clear guidance and can help you understand your legal rights and options. Call 973-379-9292 or contact us online to schedule a free consultation. With an office located in Short Hills, NJ, we serve clients throughout the state.