FAMILY LAW

New Jersey Domestic Violence Victim Lawyer

If you are experiencing domestic violence, please know that you are not alone. At Pellettieri Rabstein & Altman, we want to help you escape an unsafe situation and start rebuilding your life.

We are deeply familiar with the legal protections New Jersey law affords survivors of domestic abuse. Our domestic violence victim lawyers serving the Princeton area and statewide stand ready to use this knowledge in combination with our substantial resources to protect you and your loved ones. Contact us for a completely confidential consultation to learn more about your legal options and how our firm can help you pursue them.

Our New Jersey Attorneys Help Survivors of Domestic Violence

Domestic violence is wrong under any circumstances. At Pellettieri Rabstein & Altman, our attorneys are proud to stand up against it. Since 1929, our firm has worked relentlessly to defend the rights of people in the Princeton area and across New Jersey. Let us put nearly a century of experience to work on your behalf.

Helping domestic violence survivors is among the most important work our firm does, and we do not take our responsibility lightly. We take a personalized approach to every case we handle, and you can count on us to do whatever it takes to pursue the favorable outcome you deserve.

New Jersey Laws to Protect People Experiencing Domestic Violence

Domestic violence is violence or abuse committed against a current or former intimate partner or member of the same household. It can involve actual or threatened abuse, possibly including physical, emotional, sexual, or economic abuse. New Jersey defines and prohibits domestic violence in its Prevention of Domestic Violence Act (PDVA).

Domestic violence and abuse are tragically common in intimate relationships. While women are the most frequent victims, men are sometimes the targets of abuse, too. Importantly, the PDVA explicitly protects individuals of any gender. The key factor linking all domestic violence cases is the relationship between the parties involved.

An act of abuse is considered domestic violence if:

The victim is 18 or older or an emancipated minor and suffers abuse from a spouse, ex-spouse, or any current or former member of the same household.
A victim of any age, sex, or condition suffers abuse from someone with whom they have or anticipate having a child in common.
A victim of any age, sex, or condition suffers abuse from someone with whom they have a current or former dating relationship.

In other words, domestic violence cases involve people who are current or former family members, members of the same household, or intimate partners. The PDVA specifies that domestic violence occurs when a current or former intimate partner, family member, or household member commits one or more of the following criminal offenses:

Criminal sexual contact, sexual assault, or lewdness
Terroristic threats or contempt
Robbery, burglary, assault, or homicide
Stalking, kidnapping, or false imprisonment
Criminal mischief, trespass, restraint, or coercion
Harassment or cyber-harassment
Any other crime involving a risk of death or severe bodily injury

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Addressing Domestic Violence Through the New Jersey Court Systems

The PDVA gives the abuse victims the ability to seek relief through the New Jersey Family Court system.

When you file a complaint, you are effectively asking the court to protect you from further abuse. If you are successful, the court will grant a restraining order to bar your abuser from contacting you, possessing a weapon, entering your residence, or visiting children in common. You can also seek modifications to existing custody or support orders. You can separately file a personal injury lawsuit to recover money damages for things like medical bills and pain and suffering caused by the abuse.

Examples of Forms of Domestic Violence

Domestic violence is usually a pattern of abusive behaviors, such as assault, intimidation, and isolation that occur over long periods and increase in frequency and severity over time. Any behavior that a person uses to control or intimidate someone else verbally, emotionally, physically or sexually satisfies the legal definition of abuse.

Common examples of abusive behaviors in domestic violence cases include:

Physical abuse – Physically abusive behaviors include shoving, shaking, slapping, punching, kicking, hair-pulling, strangling, scratching, biting, restraining, using weapons, and throwing objects.
Emotional abuse – Emotionally abusive behaviors include threatening, name-calling, stalking, isolating the victim from others, sleep deprivation, interrogation, property destruction, and harming pets or other people in the household.
Sexual abuse – A sexually abusive behavior is any non-consensual sexual act, such as forced sex, unwanted touching, degradation, and sexual violence.

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How to Seek Help as a Survivor of Domestic Violence

If you are a survivor of domestic violence, several programs exist to help people in your position. You can call the National Domestic Violence Hotline at (800) 799-7233 or the New Jersey Domestic Violence Hotline at (800) 572-7233 to discuss your situation with someone confidentially.

If you believe you could be at risk when separating or moving away from an abusive individual, you can ask a New Jersey Superior Court Judge, Domestic Violence Hearing Officer, or Municipal Court Judge for a temporary restraining order (TRO). Courts typically grant TROs when emergency situations exist that otherwise might leave the applicant vulnerable to harm.

If a court grants a TRO in your situation, the judge will usually schedule a hearing within 10 days of the TRO going into effect. During this hearing, you and your abuser will each have an opportunity to present evidence and testimony to the judge. After the judge considers both sides, they can issue a final restraining order (FRO), which remains in effect permanently.

Moving on from a domestic violence situation is complicated and emotionally taxing, even without having to worry about the legal aspects. Let the attorneys of Pellettieri Rabstein & Altman handle these particulars while you focus on rebuilding your life.

The Role of Domestic Violence in Other Family Law Matters

Domestic violence has far-reaching effects on family law cases. Domestic violence often plays a role in other legal matters, such as:

Divorce – Domestic violence can lead to fault-based divorce in New Jersey, where extreme cruelty is one of several grounds for an at-fault dissolution. However, judges do not consider fault when issuing property division or alimony/spousal support orders in divorce, but they do consider it when issuing child custody orders, especially parenting time.
Child custody – The primary concern in any child custody case is the child’s best interests, and living in a violent home undoubtedly goes against any child’s best interests. As such, judges must consider a person’s history of domestic violence in a custody decision and typically eliminate or severely limit custody for abusive parents.
Child support – New Jersey parents are legally responsible for providing financial support to their children, regardless of whether they live together or have any sort of relationship with them. If a judge decides to remove a parent from the home due to domestic violence issues, that parent must still support their children financially.

Accusations of Domestic Violence in the Divorce Process

Domestic violence nearly always occurs in private, so it’s often difficult to prove in a court of law. An abuser might try to shield themselves from liability by claiming:

The harm you suffered was the result of an unintentional mistake of theirs.
They only harmed or intimidated you because they were acting in self-defense.
They were not present when the alleged harm occurred (they have an alibi).

Because many domestic violence cases ultimately come down to “he said, she said,” supporting your case with plenty of evidence is critical to an acceptable outcome. Our attorneys can help you identify and preserve compelling proof for your claims, such as:

Physical evidence like torn clothing
Photos of damaged items or visible injuries
Video or audio recordings of abusive incidents
Abusive communications, such as text messages, voicemails, or emails
Medical records of domestic violence injuries
Police testimony and arrest records from prior incidents
Testimony from family members or other witnesses

Reach Out to Our Domestic Violence Victim Lawyers Today

If you have experienced domestic violence or abuse in New Jersey, get legal help now. Contact the domestic violence victim attorneys at Pellettieri Rabstein & Altman serving the Princeton area and across New Jersey to discuss the details of your case in a completely confidential consultation session.