Domestic Violence

Domestic violence has increased in recent years and the New Jersey Legislature has taken action to combat against domestic abuse that has become more and more prevalent. In the early 1980s, the New Jersey Legislature enacted the Prevention of Domestic Violence Act in order to address and possibly deter domestic violence. The act was codified N.J.S.A. 2C:25-17, et seq. to address domestic violence, to protect victims of domestic violence, and to provide certain remedies and relief for victims of domestic violence in the form of a temporary restraining order and in the form of a final restraining order after a proper hearing before the Court.

If you are a victim of domestic violence it is important that you understand your rights. Domestic violence can results from certain action of an offender upon a victim whom is a protected member pursuant to the Act. Such offenses an aggressor may take on a victim may be the following nonexclusive list: assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, harassment, and stalking.

In order for a victim of domestic abuse to file for a temporary restraining order and receive relief from the Court in the form of a final restraining order an individual must be of a protected class of individuals whom are protected under the Prevention of Domestic Violence Act pursuant to N.J.S.A. 2C:25-17. A particular relationship must exist between the abuser and the victim in order to properly be protected pursuant to the Domestic Violence Act. In order to be within the properly protected class within the Domestic Violence Act an individual must be 18 years of age or older or an emancipated minor. In order to be within the properly protected class within the Domestic Violence Act an individual must be subjected to domestic violence or abuse from a past or present household member, spouse, or ex-spouse. An individual can seek relief as a protected class under the Domestic Violence Act notwithstanding the age requirement should the parties to an act of domestic violence have a child or if a party is pregnant or is expecting a child. Notwithstanding the age requirement, a party to an act of domestic violence who is in a dating relationship may seek relief by filing for a restraining order.

If you are seeking to establish a restraining order against your abuser it is important that a victim first have a complaint, as against the abuser, filed within the Family Division of the Superior Court within the jurisdiction in which the domestic violence occurred, or where you reside, or are staying temporarily. Should the Superior Court be closed we suggest seeking the assistance of your local police department. Should relief be granted, the victim will receive a temporary restraining order and the Court will schedule a return date within 20 days of the temporary restraining order whereby the parties will return for a final restraining order hearing. During the hearing, the parties will be heard before the Judge and the Judge will make a determination as to the issuance of the final restraining order. The Judge may order relief pursuant to N.J.S.A. 2C:25-29(b) which may include restraining contact between parties, granting possession of residence exclusively, monetary compensation, temporary custody of children, psychological evaluation, anger management, and much more.

If you are part of the protected class within the Domestic Violence Act and are a victim of domestic abuse or violence we strongly urge you to act and seek assistance from a New Jersey Domestic Violence Attorney.

Contact Juzmeski Law Firm Today for Consultation.

To discuss your matter with as New Jersey Domestic Violence Attorney, contact the Juzmeski Law Firm by email or call (201) 288-2250 to schedule a Consultation.

All initial consultations and further communication with your attorney through the life of your matter will be held of utmost importance and confidential so that we may discuss your matter and any issues of concern in an open and candid, professional environment.

The Juzmeski Law Firm proudly serves and represents clients all across Northern and Central New Jersey with our office located at 1 US Highway 46, Suite 1, Elmwood Park, New Jersey.