Arons & Solomon | July 27, 2016 | Articles
Domestic violence is demoralizing due to its emotional, physical, and social implications. Women are often the victims of this type of violence, incurring more injuries from domestic violence than from rape, mugging, and traffic accidents. Most startling is the fact that children are also victims of abuse in approximately half of families where the mother is abused.
The New Jersey Prevention of Domestic Violence Act applies to a person 18 years of age or older, or a person who is an emancipated minor who has been subjected to domestic violence by a present or former spouse/partner or any other person who is a present or former household member.“Victims of domestic violence” can include any person, regardless of age, who has been subjected to violence by a person whom the victim has or plans to have a child with, or with whom the victim has or has had a dating relationship.
Examples of Domestic Violence Under the Act
You may be classified as a victim of domestic violence if you have been subjected to any of the following by a person 18 or older or by an emancipated minor:
- Forced entry into your home, with or without a weapon
- Threats that make you fear for your life
- Physical attacks, including punching, kicking, slapping, or any other type of attack that causes harm or fear of harm
- Verbal threats that cause you to fear serious injury to yourself or your children
- Damage to personal property
The list above is not exhaustive, and only highlights some of the more prevalent forms of violence under the Act. If you have experienced any questionable treatment, do not dismiss it. Instead, contact an attorney at Arons & Solomon immediately. We can help you through this difficult time and work to help keep you and your family safe.
Potential Legal Resolutions
As a victim of domestic violence, you may consider seeking a Temporary Restraining Order which may result in a Court issuing a Final Restraining Order if the Court finds that you have proven the elements of Domestic Violence set forth in the Prevention of Domestic Violence Act. A Final Restraining Order is obtained in the Family Court and is a civil remedy. The Order is a legally enforceable document that restricts physical contact between you and your abuser. If the Final Restraining Order is violated, it becomes a criminal matter, tried in the Family Court, but prosecuted by the State of New Jersey.
Domestic violence may result in criminal charges being brought against the abuser as well. Some of the crimes included under the Prevention of Domestic Violence Act are:
- False Imprisonment
- Sexual Assault
- Criminal Trespass
Contact an Attorney Experienced in Handling Domestic Violence Cases
At Arons & Solomon, we know how distressing domestic violence can be. Although it may be difficult, discussing the possible remedies available under the Prevention of Domestic Violence Act may be your best option. An attorney at our firm can help you navigate the law, providing you with all the information you need.