New Jersey Domestic Violence Lawyer

Surviving domestic violence can be traumatic, and allegations of domestic violence 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 domestic violence lawyers in New Jersey behind you. 

Contact the New Jersey family law attorneys Graziano & Flynn for a free consultation about your case.

Hire a NJ Domestic Violence Lawyer for Your Safety

According to Womanspace, a non-profit NJ organization dedicated to assisting individuals and families impacted by domestic and sexual 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 attorneys regularly help survivors of domestic violence obtain restraining orders and protect the reputation of people falsely accused. Our 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 abuse.

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 abusing 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 case, 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. 

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

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.

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. Our lawyers 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 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 DV Victims?

NJ Family courts initiate a number of actions designed to protect victims of abuse following allegations of domestic violence, 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. That law meant to protect victims 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 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 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.