Have You Been a Victim of Domestic Violence in NJ? Here’s How You Know
Domestic violence is traumatic, and it can be hard for victims to immediately separate the legal process from the turmoil related to the actual event. Victims of violence often walk away from the situation confused or unclear about the details of their attack.
Because of this, victims can become confused about whether or not they have a case. If you live in New Jersey (NJ), how do you know if you need a domestic violence lawyer?
If you think you are in need of a NJ domestic violence lawyer, how do you know if you have a case?
The Prevention of Domestic Violence Act applies those 18 or older, and anyone who is an emancipated minor. You do not have to be married or in a romantic relationship to be a victim of domestic violence. Family members, roommates, caretakers or any adult that lives with you can become a perpetrator of domestic violence in the state of New Jersey. In addition, if you are the parent of a child who has been a victim of violence, you are now also a victim of that violence.
New Jersey victims of these crimes need to consider hiring a NJ domestic violence lawyer. The right person will correctly assess the situation, understand it and start moving towards a solution that will get provide the justice that is deserved.
Qualifications for Victims of Domestic Violence in New Jersey:
- Beatings or physical attacks that may include pushing, slapping, kicking or punching, or has made you fearful that you could be in danger of these attacks.
- A verbal or physical threat that has made you fear injury to yourself or your children.
- A verbal or physical threat that makes you fearful for your life.
- Being taken against your will and not permitted to leave.
- Being been imprisoned and not permitted to leave.
- Experiencing damage to your personal property.
- Experiencing theft of your personal property.
- Forceful entry into your home, with or without a weapon.
- Being the receiver of verbal humiliation or attacks.
- Stalking, someone maintaining physical proximity to you repeatedly and conveying threats through these actions, causing you to fear bodily harm to yourself or others.
First things first – if you believe you are in immediate danger, you need to call the police.
The legal process comes second. The legal process can often be confusing, and sometimes, defendants in a case are unclear about their options and the process they may face.
Every case is different, but there are several common steps that may happen in your New Jersey domestic violence case: filing a complaint, a restraining order and a court case.
Complaint: Beginning the Process of Taking Legal Action
Filing a civil complaint is a legal action that asks the court to resolve a conflict between yourself and the person abusing you. Filing a criminal complaint accuses the abuser of committing a crimes. Speak to a domestic violence lawyer specializing in NJ law before you take either action.
Restraining Order: Gaining Immediate Protection for yourself and/or Your Family
In NJ, a civil restraining order is an enforceable legal document that limits the physical contact between you and the person abusing you, among other things. Restraining orders come in many shapes and sizes including a Temporary Restraining Order (TRO), and Criminal Restraints. Speak to your domestic violence lawyer before taking legal action.
Court Case: Taking Legal Action
There is no way to tell how long it will take to see a judge, as this relies on a multitude of factors. Notify your employer beforehand when you know your court date as you may have to spend an entire workday in court. You may also have to return to court. Speaking to a NJ domestic violence lawyer will help you better understand the court process.
Remember – there is no excuse for violence. If you feel you have been a victim of domestic violence in NJ, contact us today for a consultation with a NJ domestic violence lawyer.