Domestic Violence Law

This book is for women who have recently left an abusive relationship and are attempting to face the challenge of putting their lives back together. During this difficult period, women who have managed to leave the relationship are faced with the scary and daunting prospect of living independently, rebuilding self-esteem and self-worth, and learning how to establish healthy relationships in the future. Many are tempted to return to the abuser and have to mend or re-establish relationships with friends or family. This book provides accessible practical information on how to protect yourself once you’ve left the relationship, how to get through the difficult emotions that accompany leaving an abusive relationship, and includes exercises that are designed to help women monitor their emotional progress as they get further away from their old relationships.

It’s My Life Now: Starting Over After an Abusive Relationship or Domestic Violence

Definition of Domestic Violence

In general, domestic violence is defined as harmful acts used by one person to control the other. These acts may include physical, sexual, emotional or verbal abuse, threats, intimidation, intentional isolation and/or financial control. The abuser may be a current or former spouse, boyfriend or girlfriend or someone the person has had a past dating relationship with. The abuser also can be someone in a position of authority, like a caretaker or even a parent. Domestic violence can occur regardless of the ages or sexual orientation of the victim and abuser and happens across all races, ethnicities and religions.

Given the broadness of the definition of domestic violence, the law draws a narrower definition. Under the New Jersey Code, domestic violence is defined as the commission of one of the following crimes against someone protected under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-19):

Assault
Burglary
Criminal mischief
Criminal restraint
Criminal sexual contact
Criminal trespass
False imprisonment
Homicide
Kidnapping
Lewdness
Sexual assault
Stalking
Terroristic threats

What is a Temporary Restraining Order?

A temporary restraining order (TRO), sometimes referred to as a “protective order” or “order of protection,” is a court-issued order that stops a domestic abuser from having certain types of contact with the victim.

This may include ordering the abuser to leave a home or apartment shared with the victim as well as ordering the abuser to stay away from the victim’s workplace. The order also may order the abuser to cease all types of contact with the victim, including in-person, telephone, email and written contact. The abuser also may be prevented from using another person to contact or communicate with the victim on his or her behalf. A TRO can protect not only the victim, but also any children the victim shares with the abuser and any other household members.

The judge also may award temporary custody of any children to the victim and order the abuser to pay child support and spousal support. If the victim and abuser are not married, the court may order the abuser to pay the household expenses. The court also can require the abuser to pay for any expenses related to the abuse, like medical expenses and lost wages.

As part of the protective order, the judge can order the abuser to attend domestic violence and/or drug and alcohol counseling. The judge also has the authority to prohibit the abuser from owning or possessing any firearms.

Basically, the judge can include any measure that is necessary for the victim’s protection in the TRO.

TRO Eligibility Requirements

To be eligible for a TRO in New Jersey, the victim must be at least 18 years old or an emancipated minor (i.e. someone under 18 who is married, pregnant or has a minor child, in the military or otherwise legally declared emancipated).

The abuser also must be at least 18 years old or an emancipated minor. If the abuser is a minor, then a TRO cannot be issued against him or her. The matter will have to be handled as a juvenile delinquency case.

The victim and the abuser must have one of the following types of relationships:

Spouses or former spouses
Share a child or expecting a child (i.e. pregnant)
 In a current or former dating relationship
Currently share a household or did in the past

Lastly, the abuser must have committed a domestic violence act against the victim.

Filing a Temporary Restraining Order

There are three types of restraining orders available to New Jersey victims of domestic violence: temporary restraining orders, emergency orders and final restraining orders.

TROs

Normally, if a victim would like to file for a temporary protection order, he or she may do so at normal business hours at the Family Division of the Superior Court. A judge then will consider the victim’s application (referred to as a “complaint”) and determine whether the circumstances warrant issuing a temporary restraining order. Some of the factors the judge may consider include: any history of domestic violence, whether the victim is in immediate danger, the best interests of the victim and any children the victim may have and the level of protection that is needed to safeguard the victim.

Emergency orders

If the victim is in immediate threat of danger and would like to file for a TRO, but it is after normal working hours at the courthouse, on the weekend or during a holiday, then the victim can file for an emergency order at the local police station. The police then will contact an on-call judge on the victim’s behalf to request the order. The emergency order only is meant to provide the victim with protection until he or she can file for a TRO with the court.

Final restraining orders

Within 10 days of issuing the TRO, the victim and the abuser will be required to return to court so the judge can determine whether to issue a final restraining order. At the hearing, the judge will give the victim and the abuser an opportunity to tell their story. Both parties can have a lawyer accompany them during the hearing and may bring witnesses and other evidence to substantiate their claims. The judge will then determine whether the circumstances warrant extending the restraining order and for how long. If there is no end date, then the TRO can last forever or until one party petitions the court to end it.

Contact an Attorney

TROs are civil actions, not criminal. Victims of domestic violence may file a criminal complaint against their abuser for any crimes they have committed. Additionally, once the court has issued a TRO or final restraining order, the abuser can be held in criminal contempt of court for violating any of the provisions of the order.

An attorney experienced in handling domestic violence cases and temporary restraining orders can be an invaluable resource in guiding you through your case. For more information, contact an experienced attorney today.

Originally published here.

Monmouth County divorce lawyer Jeffrey W. Goldblatt has handled thousands of cases, he has garnered a tremendous amount of experience in all facets of family law. He is also an accomplished negotiator who frequently resolves matters without going to trial. However, if a trial becomes necessary, he diligently represents the interests of his clients in any litigation.

Domestic Violence and the Law in Colonial and Postcolonial Africa reveals the ways in which domestic space and domestic relationships take on different meanings in African contexts that extend the boundaries of family obligation, kinship, and dependency. The term domestic violence encompasses kin-based violence, marriage-based violence, gender-based violence, as well as violence between patrons and clients who shared the same domestic space. As a lived experience and as a social and historical unit of analysis, domestic violence in colonial and postcolonial Africa is complex..Using evidence drawn from Subsaharan Africa, the chapters explore the range of domestic violence in Africa’s colonial past and its present, including taxation and the insertion of the household into the broader structure of colonial domination. .African histories of domestic violence demand that scholars and activists refine the terms and analyses and pay attention to the historical legacies of contemporary problems. This collection brings into conversation historical, anthropological, legal, and activist perspectives on domestic violence in Africa and fosters a deeper understanding of the problem of domestic violence, the limits of international human rights conventions, and local and regional efforts to address the issue.

Domestic Violence and the Law in Colonial and Postcolonial (New African Histories)