Domestic violence touches people in every community, cutting across every demographic and economic background. If you are living with abuse, seeking safety, or navigating what happens after a report is made, understanding how the legal process works is an important first step. If you have been accused and are concerned about protecting your rights, that same understanding is essential.
The Family Law attorneys at Mandelbaum Barrett PC have guided clients through domestic violence matters on both sides of these cases. The firm’s Family Law Practice Group is prepared to assist individuals who need legal protection and those who need to defend themselves against claims that have been brought against them.
What Is Domestic Violence?
Domestic violence is a pattern of behavior used to establish or maintain power and control over an intimate partner, household member, or person in a current or former dating relationship. According to the National Coalition Against Domestic Violence, it includes willful intimidation, physical assault, battery, sexual assault, and other abusive conduct carried out as part of a systematic pattern of control. Domestic violence may take the form of physical violence, sexual violence, psychological or emotional abuse, and economic control. It can affect individuals in every community regardless of age, economic status, sexual orientation, gender, race, religion, or nationality.
New Jersey’s Domestic Violence Law
New Jersey’s Prevention of Domestic Violence Act provides a comprehensive set of legal protections for victims of domestic violence and is among the more protective domestic violence statutes in the country. The law extends its protections to a broad class of individuals, including those who are married, separated, divorced, currently or formerly living together, in a current or former dating relationship, or who share children. The protections apply regardless of whether the violence is physical or verbal.
Legal remedies available to victims under New Jersey law include:
- The Address Confidentiality Program, which provides victims with a legal substitute address to help maintain privacy and safety
- Civil lawsuits through which victims may pursue recovery for losses, expenses, and pain and suffering
- Protective orders, including Temporary Restraining Orders and Final Restraining Orders granted by the court to provide protection from further abuse
- Modifications to custody, child support, and spousal support orders designed to prevent further incidents of violence between the parties
A qualified family law attorney can help you navigate the court system and give you the best chance of making a Temporary Restraining Order a permanent Final Restraining Order.
Obtaining a Final Restraining Order
A Temporary Restraining Order may be granted by a judge on the day of an incident or report, providing immediate but temporary protection. To obtain a Final Restraining Order, a full hearing must take place before a judge. At that hearing, the victim must testify under oath, be subject to cross-examination, and present evidence sufficient to satisfy the legal burden of proof. The respondent has the right to contest the allegations and to present their own evidence.
Having an attorney represent you at a Final Restraining Order hearing, whether you are the petitioner seeking protection or the respondent contesting the application, significantly affects how the hearing proceeds and what evidence is presented. The legal standards are specific, and the stakes on both sides are significant.
When Accusations Are False
While the Prevention of Domestic Violence Act is designed to protect genuine victims, there are situations in which accusations do not accurately reflect what occurred. The ramifications of having a Final Restraining Order entered against you are serious and include placement on a Domestic Violence offender list, restrictions on firearm ownership, negative presumptions in custody proceedings, heightened scrutiny during travel, and the risk of criminal prosecution for any alleged violation of the order.
If you have been falsely accused of domestic violence, an experienced family law attorney can represent you at the Final Restraining Order hearing, challenge the evidence presented against you, subpoena witnesses and records, and implement a defense strategy focused on protecting your rights and your future.
Family Law at Mandelbaum Barrett PC
Domestic violence matters are among the most urgent and emotionally charged legal situations any person can face. The Family Law attorneys at Mandelbaum Barrett PC have extensive experience representing clients in domestic violence proceedings throughout New Jersey, and they provide the responsive and skilled representation these matters require.
New Jersey offers a statewide Domestic Violence hotline at 1-800-572-SAFE for those who need immediate resources and support. To speak with a member of Mandelbaum Barrett PC’s Family Law Practice Group about a domestic violence matter or other family law need, contact the firm through the contact page. Our attorneys are ready to help.