Q: What is considered domestic violence in New Jersey?
A: According to New Jersey’s Prevention of Domestic Act of 1991, domestic abuse is defined as a criminal offense being inflicted on another person while in an intimate relationship. These criminal offenses include:
- Homicide
- Assault
- Terroristic Threats
- Kidnapping
- Criminal restraints
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal Mischief
- Burglary
- Criminal Trespass
- Harassment
- Stalking
- Criminal Coercion
- Robbery
- Contempt of Domestic Violence Order
- Cyber Harassment
- Crimes involving risk of death or serious bodily injury
Q: Why do I need a domestic violence attorney?
A: If you’ve never dealt with the legal system before, it can be quite difficult to navigate. Just getting a final restraining order can be hard without a lawyer present. Anytime you deal with the legal system, whether it’s a simple traffic ticket to being accused of a crime, you should have a lawyer help you with your situation.
Q: Is domestic violence a civil or criminal issue?
A: Actually, a domestic violence incident can be both. This means you can have your abuser arrested on criminal charges and file a lawsuit to reclaim any expenses.
Q: Should I get a restraining order?
A: Definitely. A restraining order will legally protect you and your family from the abuser. That means, even if he/she calls you, it’s in violation of the TRS and the abuser can go to jail. Click here to see how restraining orders can help you.
Q: Are there other legal remedies to protect me?
A: Yes. In addition to applying for a restraining order, you can file a civil lawsuit to recover any losses or expenses. You can also file for child custody and support, as well as spousal support.
Q: Will I have to face my abuser in court?
A: Unfortunately, yes. To obtain a final restraining order, you will need to go to court. This is another reason why you need an attorney – to tell your side of the story in the courtroom without being intimidated by your abuser and/or his attorney.
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If you are a victim of domestic abuse and need legal protection in Jersey City, Newark, or anywhere in New Jersey, we are here to help. Contact our Jersey City domestic violence attorney Anthony Carbone today for a free consultation. Hablamos Espanol.
