Domestic Violence

If you are charged with Domestic Violence or Domestic Abuse, your spouse or partner must prove that one of the following occurred. Having a very experienced divorce lawyer by your side, one who is familiar with domestic violence and domestic abuse cases, can keep you safe during difficult times.

Domestic Violence means the occurrence of one or more of the following criminal offenses upon a person protected under the Prevention of Domestic Violence Act of 1990: What is Domestic Violence? It includes all forms of domestic abuse, including:

Homicide

N.J.S.A. 2C:11-1

Assault

N.J.S.A. 2C:12-1

Terroristic threats

N.J.S.A. 2C:12-3

Kidnapping

N.J.S.A. 2C:13-1

Criminal restraint

N.J.S.A. 2C:13-2

False imprisonment

N.J.S.A. 2C:13-3

Sexual assault

N.J.S.A. 2C:14-2

Criminal sexual contact.

N.J.S.A. 2C:14-3

Lewdness

N.J.S.A. 2C:14-4

Criminal mischief.

N.J.S.A. 2C:17-3

Burglary

N.J.S.A. 2C:18-2

Criminal trespass

N.J.S.A. 2C:18-3

Harassment

N.J.S.A. 2C:33-4

Stalking

N.J.S.A. 2C:12-10

 

Victim of Domestic Violence means a person protected by the domestic violence act and includes any person:

1.            who is 18 years of age or older, or

2.            who is an emancipated minor, and who has been subjected to domestic violence by:

3.            spouse

4.            former spouse

5.            any other person who is a present or former household member, OR

who, regardless of age, has been subjected to domestic violence by a person:

1.            with whom the victim has a child in common, or

2.            with whom the victim anticipates having a child in common, if one of the parties is pregnant, or

who, regardless of age, has been subjected to domestic violence by a person with whom the victim has had a dating relationship.

1.            A victim may be below the age of 18.

The domestic violence assailant must be over the age of 18 or emancipated at the time of the offense. 


Trials relating to Domestic violence and Domestic abuse, are typically handled by both divorce lawyers and criminal lawyers in the State of New Jersey. Experienced divorce lawyers and criminal lawyers, such as those practicing at Avery & Avery, Esqs., in Ridgefield, New Jersey, can give you the advantage you need to obtain the best possible result in your domestic violence or domestic abuse matter. You should also keep in mind that with the experience of the  divorce lawyers and criminal lawyers, such as those practicing at Avery & Avery, Esqs., you will have the benefit of their expertise should your matter go on to divorce or criminal trials.


Additional Resources and Frequently Asked Questions:

 Is a complete explanation of Domestic Violence and Court Procedures Available?

http://www.judiciary.state.nj.us/family/dvprcman.pdf





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