Metuchen Domestic Violence Lawyers
If you are a victim of domestic violence, you deserve safety, security, and—most importantly—justice. At Wiley Lavender Maknoor, PC, we are here to protect your rights and provide the legal support you need during this difficult time.
Our compassionate and experienced domestic violence lawyers will help you navigate the legal system and ensure your safety. If you are experiencing domestic abuse during your divorce proceedings in New Jersey, here is what you need to know.
What Is Considered Domestic Violence in New Jersey?
Domestic violence in New Jersey includes more than just physical harm; it also encompasses emotional abuse, stalking, harassment, and sexual violence. The New Jersey Prevention of Domestic Violence Act (PDVA) outlines protections for victims and imposes civil and criminal penalties on abusers.
If your spouse has abused you, you have the right to seek immediate protection. This may involve filing a restraining order or pursuing criminal charges. The law also provides for physical safety, child custody after separation, and financial support.
How Can Domestic Violence Affect Child Custody?
In cases involving children, any allegations of domestic violence can significantly impact custody arrangements. New Jersey courts follow the “best interests of the child” doctrine, prioritizing the safety and well-being of the child. If you prove domestic violence, the court may grant sole custody or limit the abusive parent’s access to the child.
Judges may also issue restraining orders, require supervised visitation, or implement other safeguards to protect the child.
Will Domestic Violence Affect Your Divorce?
Domestic violence can have a profound impact on divorce proceedings. While New Jersey law does not require proof of domestic violence to grant a divorce, evidence of abuse can expedite the process and substantiate requests for restraining orders or adjustments to property division and alimony. For example, if your abuser controlled your finances, the court may alter the property division to account for this imbalance.
Can You File a Restraining Order for Emotional or Psychological Abuse?
Yes, New Jersey law recognizes emotional and psychological abuse as forms of domestic violence. Stalking, harassment, and threats may justify a restraining order, even without physical harm. A Temporary Restraining Order (TRO) can immediately prevent your abuser from contacting you, require them to leave your shared residence, and grant you temporary custody of your children.
After a hearing, the court may issue a Final Restraining Order (FRO) for long-term protection.
Can You Modify a Restraining Order in New Jersey?
Restraining orders can be modified or dismissed based on changing circumstances. For example, you may request modifications to address issues such as child custody or continued protections, like keeping your abuser away from your workplace.
Protect Yourself with the Metuchen Domestic Violence Lawyers at Wiley Lavender Maknoor, PC
If you believe domestic violence will impact your divorce, contact us today. We will protect your rights and safety. Trust the Metuchen domestic violence lawyers at Wiley Lavender Maknoor, PC, to build a personalized case. Call our Metuchen, New Jersey, office at 732-494-6099 or fill out our online contact form for a free consultation. We serve clients throughout Middlesex County, Monmouth County, Union County, and Somerset County.