In New Jersey, domestic violence is governed by the Prevention of Domestic Violence Act, which states that domestic violence occurs where there has been a violation of any one of a number of underlying criminal offenses perpetrated against a victim who is typically a family member or romantic partner. The underlying offenses include assault, terrorist threats, kidnapping, criminal restraint, false imprisonment, sexual assault, lewdness, criminal mischief, burglary, criminal trespassing, harassment, stalking, and others. According to the Act, a victim may seek and is oftentimes awarded a Temporary Restraining Order without notice to the alleged perpetrator. Shortly thereafter, there is a trial to determine whether the Restraining Order should be made permanent.
If there is a finding of domestic violence, the court has the authority to award various and far-reaching remedies, including restraints, exclusive possession of a residence (regardless of title or ownership), child custody and parenting time, drug and alcohol screening, psychological evaluations, child support, counsel fees, and more.
Given the consequences when it comes to domestic violence, it is critical that a litigant
With more than 20 years of experience in family law, Brian Winters is certified by the Supreme Court of New Jersey as both a matrimonial attorney and a mediator. A partner at Keith, Winters & Wenning, LLC in New Jersey, Brian provides professional and knowledgeable counsel to divorcing individuals. For more information about Brian or his firm, please visit www.kwwlawfirm.com.Back To Top