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Middlesex County Domestic Violence Lawyers
Divorce can trigger extreme emotions, and not every case is resolved amicably. There are some extreme cases where one spouse may use violence against the other or threaten them. Unfortunately, this is far too common when there is a contentious divorce. Anytime that domestic violence is a potential issue in a divorce, you need to be prepared to act quickly to protect your own safety. The best thing you can do is contact a divorce attorney.
What Happens When Domestic Violence Is Alleged in a Divorce?
Domestic violence accusations in a divorce are an extremely serious matter. If you are a spouse who has been physically abused, your safety is of paramount concern. The law exists to keep you safe, but you might need to take firm legal action to protect yourself. In some cases, this would require the involvement of the courts in an emergency filing. However, you may need help from an experienced divorce attorney who can make a persuasive filing in court for the judge to grant any requests you make. Your filing must be backed up by the facts that show you were a victim of some type of domestic violence.
The most common outcome when you are the victim of domestic violence is that you would seek a restraining order against your spouse. If the court grants this order, they must keep a certain distance from you and may be prohibited from contacting you. You need to bring proof that an act of domestic violence occurred. Violence does not always mean that your spouse has made physical contact with you. It is possible to get a restraining order when there has been stalking or harassment. Obtaining a restraining order is not automatic, but you have a better chance of it when a divorce lawyer can present the facts on your behalf.
How Temporary Are Temporary Restraining Orders Issued During a Divorce?
New Jersey law has recently been expanded to allow more people to file for temporary restraining orders to protect themselves from domestic violence. You can file for a restraining order if you have children in common, have a prior dating relationship, lived together, or were married.
Filing a temporary restraining order is usually done on an emergency basis. One spouse or party may feel that their physical safety is at stake and they cannot afford to wait. Your attorney will file a motion with the court seeking a temporary restraining order that lays out the facts of your situation and the basis of your fear. The court usually holds a hearing on a temporary restraining order because the other spouse deserves due process. This hearing must be held within 10 days after the motion is filed with the court. If the restraining order is granted, it would significantly impact their life to show up and be heard.
During the hearing, both parties may present evidence in their case. The spouse who is accused of domestic violence may deny that it occurred in the first place, or they may claim that their actions were in self-defense. Judges recognize the extraordinary circumstances involved and that a restraining order curtails the accused spouse’s legal rights. However, if they find that domestic violence occurred, they can grant the request for a restraining order.
What Does a Temporary Restraining Order Involve?
Restraining orders can apply to a variety of conduct. If a temporary restraining order is granted, one spouse must maintain a certain distance from the other. They may be barred from going to the spouse’s home or workplace. They could even be forbidden from trying to contact them through a phone call, text, or email. The exact terms of the restraining order depend on the judge and the facts of the situation—the more extensive the restraining order, the greater the impact on both spouses.
The actual order would lay out the specifics of precisely what is prohibited. The spouse ordered to stay away from the other must know exactly what they are forbidden to do because violating the restraining order could even lead to jail time.
What Should I Do if I Have Experienced Domestic Violence?
If you are a victim of domestic violence, you need to take legal action immediately to protect yourself. If an attorney already represents you, make sure they know what is happening so they can take action on your behalf. If you do not have an attorney, now is the time to hire one so they can make an immediate legal filing to protect your safety.
The Skilled Middlesex County Domestic Violence Lawyers at Wiley Lavender Maknoor, PC Will Protect Your Rights and Your Safety
If there are any allegations of physical misconduct, threats, or any similar conduct, you need to reach out to the Middlesex County domestic violence lawyers at Wiley Lavender Maknoor, PC. Our lawyers will learn the facts of your case and help you take immediate legal action if necessary. You can schedule a free initial consultation with a divorce lawyer by calling us today at 732-494-6099 or contacting us online. Our office is in Metuchen, New Jersey, and we serve clients in Middlesex County, Monmouth County, Union County, and Somerset County.