Understanding Your Rights: A Guide to New Jersey's Domestic Violence Act
Domestic violence is a serious issue that can have devastating consequences for victims and their families. New Jersey recognizes the gravity of this issue and has enacted the Prevention of Domestic Violence Act of 1991 to protect victims and provide them with legal recourse. This article will serve as a guide to understanding the key aspects of the New Jersey Domestic Violence Act.
Who is Protected by the Act?
The Act defines a "victim of domestic violence" as someone 18 years or older, or an emancipated minor, who has been subjected to domestic violence by:
A spouse or former spouse
A current or former household member
Someone with whom they have a child
What Acts Does the Act Consider Domestic Violence?
Domestic violence is defined broadly under the Act and encompasses more than just physical harm. It includes the following:
Physical violence: Hitting, kicking, shoving, strangulation, and any other form of physical assault.
Threats: Verbal threats of violence or harm.
Stalking: Repeatedly following, watching, harassing, or threatening the victim.
Harassment: Unwanted contact, insults, or intimidation.
Sexual assault: Any form of unwanted sexual contact or coercion.
Financial abuse: Controlling the victim's access to money or preventing them from obtaining employment.
Psychological abuse: Humiliation, name-calling, isolation, or threats intended to frighten or control the victim.
What Protections Does the Act Offer?
The Act provides several avenues for protection for victims of domestic violence:
Restraining Orders: Victims can petition the court for a restraining order that prohibits the abuser from contacting them, coming near them, or their residence or workplace. The court can also order the abuser to surrender any firearms they possess.
Temporary Custody: The court can grant temporary custody of children to the victim and order the abuser to leave the shared residence.
Support Orders: The court can order the abuser to pay child support and spousal support.
Law Enforcement Response: Law enforcement officers are mandated to take domestic violence complaints seriously and can arrest abusers who violate restraining orders.
How to File for Relief Under the Act
Victims can file a complaint for a restraining order with the family court in the county where they reside or where the abuse occurred. The court can issue a temporary restraining order ex parte (without the abuser present) if the victim demonstrates a credible threat of imminent harm. A final hearing will then be scheduled to determine if a permanent restraining order is warranted.
Conclusion
The New Jersey Domestic Violence Act is a powerful tool for protecting victims and holding abusers accountable. If you are experiencing domestic violence, remember you are not alone. There are resources available to help you get safe and rebuild your life. It is important to reach out for help and understand your rights under the Act.
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