Domestic Violence and Family Law: Legal Protections in New Jersey
Each year, domestic violence impacts the lives of countless individuals in New Jersey. The state has established comprehensive laws to protect victims and hold offenders accountable while balancing the rights of those accused.
The New Jersey Prevention of Domestic Violence Act (PDVA) provides a framework for protection and intervention so that victims get the resources and legal tools they need to break free from abusive situations.
These laws not only ensure safety but also allow for fair treatment of those facing allegations of domestic violence. It’s a delicate balance and the case law is ever-evolving in an effort to create a just system.
Understanding domestic violence under New Jersey law
Under the PDVA, domestic violence encompasses a wide range of behaviors that qualify as abuse.
The primary factor in determining whether an act qualifies as domestic violence is the relationship between involved parties and whether the behavior was intended to control, intimidate, or harm the victim. The PDVA protects those in domestic relationships like spouses, ex-spouses, household members, dating partners, or people who share a child.
Recent developments in New Jersey’s case law also recognize coercive control as grounds for legal action under the state’s domestic violence laws. This shift validates that non-physical forms of manipulation and domination underpin all other forms of abuse.
By recognizing coercive control as a legitimate form of abuse, New Jersey has acknowledged that victims of non-physical abuse, who have previously struggled to get legal protection, now have a pathway to safeguard their rights and regain independence.
Types of domestic violence recognized in New Jersey
Domestic violence can manifest in several ways, and New Jersey law recognizes the following forms of abusive behavior.
Coercive control
Coercive control is characterized by a sustained and calculated pattern of behavior by one partner to gain and maintain power over the other. This form of abuse can appear through emotional manipulation, financial control, isolation, monitoring and surveillance, or controlling everyday decisions like what someone wears or where they can go.
While it can be difficult to recognize, coercive control is seen by many professionals as the foundation for emotional, psychological, and physical abuse.
Physical abuse
Physical abuse is the most easily recognizable form of domestic violence. It includes any act of bodily harm like hitting, slapping, choking, pushing, or using weapons against an intimate partner.
However, this form of abuse goes beyond direct contact to cover actions that threaten a person’s safety or well-being, such as brandishing a weapon, making threats, or using gestures to imply impending violence. New Jersey law recognizes emotional distress and fear of potential violence as powerful forms of abuse and aims to protect victims even before situations escalate to direct physical violence.
Emotional and psychological abuse
While less visible, this type of abuse can be just as harmful as physical violence. It aims to erode someone’s mental health, self-esteem, and sense of independence through verbal threats, constant criticism, intimidation, humiliation, gaslighting, and belittling.
As a result of this abuse, victims often find it difficult to make decisions or assert themselves and reinforce the abuser’s control.
Sexual abuse
Non-consensual sexual contact, coercion, exploitation, or forced sexual acts are serious forms of sexual abuse that fall within the broader context of domestic violence. This type of abuse manifests in various ways, including situations where consent is absent, like rape, or where consent is given under duress.
More subtle forms include stealthing—removing a condom during intercourse without the partner’s knowledge or consent—or inhibiting reproductive autonomy like controlling access to contraception.
Financial abuse
Economic or financial abuse is a form of domestic violence that limits a person’s financial autonomy or independence. From controlling finances to restricting a partner’s ability to work, this type of abuse can lead to a cycle of dependency on the abuser.
Another form of financial abuse is misusing someone’s financial information and resources without consent, which can have far-reaching consequences like unmanageable debt, damaged credit scores, and limited financial security and freedom.
Stalking and harassment
In New Jersey, behaviors like persistent unwanted contact, stalking, and showing up at someone’s home or workplace are considered domestic violence. Even if there is no physical violence, these can severely undermine a person’s sense of safety, leading to emotional distress, fear, and anxiety.
Victims often feel forced to change up their daily routines, obtain protective orders, or move to escape the harassment. By recognizing these behaviors as a legitimate form of domestic violence, affected individuals can access necessary support and can feel empowered to take legal action against their abusers.
Legal protections available to victims of domestic violence
From obtaining restraining orders—which provide immediate safety by prohibiting the abuser from contacting or coming near the victim—to pursuing criminal charges, the state offers a legal framework that safeguards victims and upholds the rights of the accused through due process.
Temporary restraining orders
Domestic violence victims can apply for a temporary restraining order (TRO) for immediate protection.
These can be issued quickly—even the same day the request is filed—and without the presence of the alleged abuser. A TRO prevents the accused from contacting the victim and may also include important provisions like removing the accused from a shared residence or granting temporary custody of any children involved.
Final restraining orders
Once a TRO is issued, a court hearing is scheduled to determine whether a final restraining order (FRO) should be granted. During this hearing, both the accuser and the accused can present their evidence and testimony to a judge, who will ultimately decide whether or not to grant the FRO.
If granted, the FRO provides long-term protection for the victim. Violation of the order can result in serious consequences, including restrictions on movement, limited access to children, and other legal repercussions. Once issued, an FRO is permanent in New Jersey, meaning it remains in effect indefinitely unless the protected party requests to dismiss the order.
The impact of domestic violence on divorce and custody cases
Domestic violence has profound implications in divorce and child custody proceedings. Courts are acutely aware of the potential risks it poses to the safety and well-being of everyone involved, especially children.
Family courts prioritize the best interests of the child when making custody decisions and, if there is evidence of domestic violence, the accused parent may face restrictions or denial of custody or visitation rights. Supervised visitation may sometimes be ordered to ensure the child’s safety.
It’s important to note that restraining orders can influence family law proceedings. For example, a TRO can affect how a parenting time plan is created.
Why legal representation is crucial in domestic violence cases
Domestic violence cases can have long-lasting consequences, impacting personal freedom, disrupting family dynamics, and destabilizing financial security.
For those who have experienced domestic violence, the process of obtaining restraining orders and pursuing criminal charges can be overwhelming. A family law attorney can assist with gathering evidence, preparing testimony, guiding victims through the legal process, and serving as their advocate in court.
For individuals accused of domestic violence, a strong defense is critical. These allegations have severe legal consequences, including hefty fines, probation, and jail time. While the legal system aims to protect those at risk of abuse, an experienced family law attorney can help build a comprehensive defense that addresses the complexities of the case.
Consult with a family law attorney
If you are experiencing domestic violence or facing allegations of domestic violence, do not hesitate to consult with a family law attorney. You deserve all the guidance, support, and experience available as you navigate the legal process and protect your future.
At Dughi, Hewit & Domalewski, we are committed to helping individuals in domestic violence cases understand their rights and achieve the best possible outcomes. Take the first step toward securing your safety and well-being—contact us today to schedule a consultation.
