Protect Yourself with New Jersey Domestic Violence Lawyers
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Surviving domestic violence can be traumatic, and allegations of domestic violence crimes are serious claims that can change lives. Whether you’re trying to heal or seeking protection for yourself and those you care about, you want a team of empathetic, professional, and experienced domestic violence attorneys in New Jersey behind you.
Contact the New Jersey family law attorneys Graziano & Flynn for a free consultation about your case.
Hire an Experienced Domestic Violence Lawyer for Your Safety
According to Womanspace, a non-profit NJ organization dedicated to assisting individuals and families impacted by sexual and domestic violence, there is an incident of domestic violence every seven minutes in New Jersey.
That statistic is hard to read and even harder to live through. Know your options for protecting yourself under New Jersey law by hiring a firm with experience in domestic violence cases.
How Graziano & Flynn Can Help with Family Domestic Violence
At Graziano & Flynn, P.C., our New Jersey domestic violence lawyers regularly help survivors obtain restraining orders and protect the reputation of people falsely accused. Our domestic violence lawyers have decades of experience working with volatile family dynamics and know how critical it is to seek protection whether you’re being abused or accused of domestic abuse.
What is Domestic Violence in New Jersey?
Under New Jersey law (NJ Rev Stat § 2C:25-19), domestic violence encompasses a range of criminal offenses that occur within certain relationships, such as spouses, former spouses, dating partners, or family members. Domestic violence includes various criminal acts, and understanding the specific elements and potential penalties is crucial to building a strong defense. A New Jersey domestic violence lawyer will fight to protect your rights and freedom by building the best possible defense. Graziano & Flynn represent both victims and the accused.
Homicide
New Jersey law (NJ Rev Stat § 2C:11-2) defines homicide as knowingly or recklessly committing an act that causes the death of another person. A conviction for homicide can result in a sentence of 30 years to life imprisonment without the possibility of parole.
Assault
Depending on the facts of a case, New Jersey law (NJ Rev Stat § 2C:12-1) allows a person to be charged with either simple assault or aggravated assault. The penalty for simple assault is a term of six months in jail, while the penalty for aggravated assault can range from 18 months to 10 years in prison.
Sexual Assault
Several offenses are considered sexual assault under New Jersey law (NJ Rev Stat § 2C:14-2). Skilled legal representation is essential as a conviction for sexual assault can result in a sentence ranging from 5 to 25 years in prison.
Terroristic Threats
According to New Jersey law (NJ Rev Stat § 2C:12-3), a person can be charged with terroristic threats if they “threaten to commit any crime of violence with the purpose to terrorize another”. A person who is convicted of terroristic threats faces a potential penalty of three to five years in prison.
Harassment
Pursuant to New Jersey law (NJ Rev Stat § 2C:33-4), a person can be charged with harassment if they engage in a course of conduct that is intended to alarm or annoy another person. If convicted, a person can be imprisoned for 18 months.
Cyber-Harassment
With the rise of technology, accusations of cyber harassment in domestic situations have become more prevalent. According to New Jersey law (NJ Rev Stat § 2C:33-4.1), a person can be charged with cyber-harassment for a variety of actions that either place another person in fear of physical harm or cause the person to suffer emotional harm. As with traditional harassment, the penalty for cyber-harassment is 18 months in prison.
Stalking
Stalking, as defined by New Jersey law (NJ Rev Stat § 2C:12-1), is engaging in a threatening course of conduct. Depending on the facts of a case, a conviction for stalking can result in a sentence ranging from 18 months to 5 years in prison.
The following crimes can also fall into the category of domestic violence:
- Criminal Sexual Contact
- Lewdness
- Robbery
- Criminal Mischief
- Kidnapping
- Burglary
- Criminal Restraint
- Criminal Trespass
- False Imprisonment
- Contempt
- Criminal Coercion
What’s a Restraining Order Lawyer?
If you’ve suffered domestic violence – emotional, physical, sexual, or any form of harassment – there are laws designed to protect you and your family. A New Jersey restraining order lawyer can obtain a restraining order against your spouse, former spouse, partner, or other household member hurting you or your children.
New Jersey Restraining Order Law
A restraining order is a legal order of protection against someone who is committing domestic abuse against another individual. In New Jersey, a judge can authorize several different kinds of restraining orders, whether the abuse is physical or emotional.
An on-call judge can issue an Emergency Order when courts are not in session. If you need immediate protection late at night or on the weekend, call the local police department or 911.
Based on the facts of your domestic violence charges, the judge will decide whether to issue an Emergency Order, also known as Temporary Restraining Order (TRO), and the accused abuser won’t be heard at the time.
Restraining Order Process
Within ten days of an Emergency Order, a judge will hear both sides, listen to witnesses, review evidence, and decide whether to issue a Final Restraining Order. This restraining order will be in place forever or until one of the parties files a motion asking the judge to change or end the restraining order.
Consequences of a Restraining Order
Beyond the protections, there are also financial ramifications associated with a restraining order. The abuser must continue to pay rent or mortgage payments and support you or your children. The judge may even order them to pay for financial losses you’ve incurred, such as loss of pay or medical bills caused by the abuse.
How Can a Restraining Order Help Me?
If you are granted a Temporary Restraining Order, it will:
- Prohibit the person (defendant) from returning home – even to get personal items – without a police escort.
- Prohibit the defendant from possessing a weapon, including a gun or any other firearm, unless the person is a police officer or member of the armed forces.
- Permit the police to search the defendant’s car, place of business, or other temporary home to locate a weapon.
Once a Final Restraining Order is granted, any violation of that Order calls for serious penalties, including jail. A Final Restraining Order means the abuser must:
- Completely end all contact with you and anyone else in the restraining order (including in writing, in person, by telephone, or through other people)
- End all stalking behavior
- Stop all threats to harm you
- Stop any and all harassing behaviors
Who Can File a New Jersey Domestic Violence Complaint?
In New Jersey, domestic violence charges can be filed by individuals who have been subjected to abuse by a current or former spouse, a current or former household member, or someone with whom the victim has a child or is expecting a child. You can also file domestic violence charges if you’ve been in a dating relationship with the abuser.
Understanding who is eligible to file domestic violence charges is crucial, and the domestic violence attorneys at Graziano & Flynn, P.C. are here to help you navigate the intricacies of New Jersey domestic violence cases.
Evidence Needed to Prove a Domestic Violence Case in NJ
Collecting substantial evidence is vital to proving domestic violence cases in New Jersey. Forms of evidence can range from medical records, photographs of injuries, text messages, and eyewitness testimonies. Police reports and recordings can also be invaluable.
Our team of experienced New Jersey domestic violence lawyers can guide you through gathering the necessary evidence to build a robust case and protect your rights under New Jersey law.
What to Expect from the Domestic Violence Case Process
Understanding the domestic violence complaint process in New Jersey can alleviate some of the stress that comes with these situations.
Typically, once a complaint is filed, a Temporary Restraining Order (TRO) may be issued for your protection. A TRO usually lasts until the final hearing, which is scheduled within 10 days of it being issued and will determine whether a Final Restraining Order (FRO) should be granted. During this period, both parties will have the opportunity to present their cases, including any evidence and witnesses.
It’s crucial to have an experienced domestic violence lawyer by your side to navigate this complicated process effectively.
Are You a Victim of Domestic Violence in New Jersey?
Emotions can run high when you’re trying to navigate domestic violence cases, get the help you need, and create space for yourself to heal.
I’m Scared, What Should I Do?
Domestic violence can have a lasting impact on your physical and mental well-being. The cycle of violence can feel incredibly isolating as patterns begin to emerge, and the abuser attempts to exert power over you. You’re not in this alone. Help is available. An experienced domestic violence lawyer at Graziano & Flynn, P.C. can and will use the court to protect you and your children.
If you feel in immediate danger, please contact the National Domestic Abuse Hotline.
Call 800-799-7233 or Text START to 88788.
What are Common Types of Domestic Violence?
Our attorneys fight tirelessly to protect victims of domestic violence. Some define “domestic violence” primarily in terms of physical abuse. However, domestic violence charges can come in many forms, and several actions can be defined as domestic violence:
- Sexual assault
- False imprisonment
- Burglary
- Criminal mischief or criminal restraint
- Criminal sexual contact
- Criminal trespass
- Harassment and stalking
- Kidnapping
- Terroristic threats
- Lewdness
How Do NJ Family Courts Protect Victims of Domestic Violence?
NJ family courts initiate a number of actions designed to protect victims of abuse following allegations of domestic abuse, including:
- Exclusive possession of the family residence
- Custody of children
- Medical coverage for the victim
- Limitations on visitation with children
- Child and spousal support
Have You Been Falsely Accused of Domestic Violence In New Jersey?
The Prevention of Domestic Violence Act was put in place to protect victims. However, it is often used as a “sword” instead of a protective “shield,” according to a 1997 decision by the New Jersey Supreme Court. The New Jersey Domestic Violence Act was meant to protect domestic violence victims, but it is sometimes used to falsely accuse, and the consequences can be devastating.
How Do False Allegations Affect Divorce Proceedings?
A restraining order based on false allegations of domestic violence can significantly impact your divorce proceedings. Under New Jersey law, the consequences of a domestic violence restraining order could bar you from mediation and damage your case for custody, child support, and financial assets.
How Do False Allegations Affect Child Custody?
You may face restricted contact with your children if there’s a domestic violence restraining order in place at the time of a custody hearing. Your spouse may also use the restraining order to bolster their case so you lose custody or can only see your children through supervised visitation.
What are Legal & Financial Consequences of False Allegations?
If you are falsely accused of domestic violence, there are severe consequences.
You could:
- Lose your house or significant financial assets
- Have to attend mandated anger management classes
- Be barred from possessing a firearm
If you are falsely accused of domestic violence because your spouse is trying to gain an advantage in a divorce proceeding or for any other reason, you owe it to yourself and your future to seek help from a domestic violence lawyer.
Contact a New Jersey Domestic Violence Lawyer
You don’t have to continue to live in fear that the next time you open your front door or pick up the phone, your harasser will be there to continue the torment. We will help get you the legal protection you deserve.
We invite you to contact us for a free, confidential consultation with an experienced New Jersey domestic violence lawyer and a restraining order attorney at Graziano & Flynn, P.C.
Call us at 856-499-4351 or toll-free 877-938-1963. You can also send us an email, and we will respond promptly.
Don’t suffer in silence. Help is one phone call away.
Areas of Service
Our domestic violence lawyers proudly serve all of New Jersey, including:
