Article provided by The Law Offices of Smith & Doran, P.C.
Domestic violence isn't just about hitting.
You don't have to be physically hurt to be a victim of domestic violence. Domestic violence is about control. This control can be asserted through physical abuse, but it also can be exerted through emotional abuse, verbal abuse and financial control. This control can be immediate, but often escalates over time. Incidents of domestic violence can increase when there are added stresses on a family such as a loss of job or economic trouble.
Domestic violence can occur when the person you love isolates you from your family and friends, when you are made to feel guilty for spending time with anyone else. When your feelings and beliefs are manipulated and you feel there is no one who can help you. You may even feel that the abuse is your fault.
You are not alone.
Domestic violence can happen to anyone. It doesn't discriminate based on socio-economic status. It happens across all races, ethnicities and religions. It happens to men and women, married couples, life partners, and dating relationships.
According to the New Jersey State Police Department, there were over 71,000 cases of domestic violence reported in the state in 2007. Unfortunately, many more domestic violence cases go unreported and are never accounted for by the statistics.
There is an aura of shame that surrounds survivors of domestic violence. There shouldn't be. Domestic violence is no one's burden to bear alone.
The law can help you.
There is a perception that the law cannot help victims of domestic violence. Many feel it is a private matter and should be handled at home. But this simply is not true. In 1991, the New Jersey legislature passed the Prevention of Domestic Violence Act (PDVA) to strengthen the state's laws and provide necessary protection to victims of domestic violence.
The PDVA defines domestic violence as the commission of one of the following criminal acts:
- Assault
- Sexual assault
- Criminal sexual assault
- Terroristic threats
- Kidnapping
- Harassment
- Stalking
- Criminal restraint
- False imprisonment
- Lewdness
- Criminal mischief
- Criminal trespass
- Burglary
- Homicide
To receive protection under the PDVA, individuals must be at least 18 years of age and had one of the following relationships with the person accused of committing the abuse:
- Married
- Separated
- Divorced
- Living together currently or formerly
- Dating or dated in the past
- Have a child together or are expecting a child together
Victims of domestic violence can seek temporary restraining orders (TROs) and final restraining orders (FROs).
- Temporary restraining orders are a type of immediate relief that victims of domestic violence can request from the court or the police. If the Judge finds that the victim's life, health or well-being is endangered or has been endangered in the past, a Temporary Restraining Order (TRO) will be issued. The TRO may prevent the alleged abuser from having contact with the victim and award temporary custody of any children and temporary possession of any shared home to the victim. It also will prevent the alleged abuser from possessing any firearms and may also grant temporary financial support to the victim.
After granting a TRO, the court will provide a copy of the order to the victim and to the appropriate police departments. The police will then provide a copy of the order to the alleged abuser. The court will then schedule a hearing for a final restraining order within 10 days of issuing the TRO.
- Final restraining orders provide permanent relief to victims of domestic violence. Like TROs, FROs are enforceable throughout New Jersey, and through the federal Violence Against Women Act, across all 50 states. FROs issued in New Jersey do not expire.
The FRO may include the following conditions:
- Prohibit the abuser from entering the victim's house or showing up at the victim's place of employment
- Prohibit the abuser from having any contact, either written, oral or electronic, with the victim
- Grant custody of any children to the victim
- Restrict visitation time with any children
- Order the abuser to attend counseling or a substance abuse treatment program
- Order the abuser to pay child support and spousal support
- Grant possession of the home to the victim
- Require the abuser to pay damages to the victim, including for any property damage, medical bills or other losses related to the act of domestic violence
Victims of domestic violence also have the right to file a criminal complaint against their abuser. They can do this by contacting their local police department.
There is help available for victims of domestic violence. You do not have to go through it alone. Domestic violence often worsens over time so it is important to seek help sooner rather than later.
