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Focused Support For Domestic Violence In Morristown

Divorce and separation can be emotional and increase household tensions. Unfortunately, these high-pressure situations sometimes cross the line into domestic violence. When safety becomes an issue, the legal complexities of your divorce multiply instantly. During this critical time, it is vitally important to find an experienced family law attorney who can help you understand your options and protect your rights.

Attorney Sandra Fava founded her firm in Morristown to advocate for New Jersey families. The attorneys at Fava Law LLC have a reputation for providing sophisticated and compassionate advocacy throughout complex and sensitive situations. When you need a domestic violence lawyer to protect your rights, they can help.

Understanding Domestic Violence Laws In New Jersey

The New Jersey Prevention of Domestic Violence Act (PDVA) protects individuals from abuse within specific relationships. To seek protection under this act, you must have a qualifying relationship with the other person, such as being a current or former spouse, a dating partner or a household member.

Is Emotional Abuse Considered Domestic Violence?

New Jersey law recognizes that abuse is not always physical. The state’s statutes include several non-physical acts under the definition of domestic violence, such as harassment, stalking and terroristic threats. When any behavior creates a reasonable fear for your safety, a domestic violence lawyer can help you seek a protective order based on emotional and psychological harm.

Understanding Restraining Orders In New Jersey

Under the PDVA, victims of domestic violence and abuse can file for restraining orders. The process usually begins with a Temporary Restraining Order (TRO). A judge or a hearing officer can issue a TRO based on a domestic violence complaint to provide immediate protection.

This order remains in effect until a final hearing, which is usually held within ten days. During the final hearing, a judge determines if a Final Restraining Order (FRO) is necessary. Unlike temporary orders, an FRO in New Jersey does not expire.

What Can A Judge Order In A Restraining Order?

A restraining order does much more than just keep an abuser away. A judge has the authority to grant several types of relief to protect the victim’s well-being and financial stability. Some of these types of relief can include:

  • Temporary custody: The court can grant you temporary custody of your child and require supervised visitation.
  • Possession of the residence: If the victim and alleged abuser live together, the judge can grant exclusive possession of the shared residence to the victim.
  • Child support: A judge can order emergency child support payments.
  • Rent: In addition, a judge can order a party to provide financial assistance for rent payments.

These orders aim to protect the best interests of any child involved, and also prevent the abuser from using financial control or parental access as a tool for further harassment.

What Happens If A Restraining Order Is Violated?

New Jersey takes the violation of a court-issued protection order seriously. Violating a restraining order is considered a crime. Even nonviolent contact, such as a text message or a social media post, can constitute a violation.

Violating a restraining order can carry significant penalties, including potential jail time and fines. If a defendant violates an order a second time, the law often mandates a minimum period of incarceration.

How Can Domestic Violence Charges Impact Your Divorce Case?

Any history of abuse will be a factor in a divorce. The judge has to consider domestic violence when determining child custody and parenting time. The court has to protect the best interests of any child. This requires the court to choose the safest environment for the child.

Furthermore, evidence of abuse may impact the division of assets if the abuser intentionally destroyed or hid marital property. Because these cases are highly contentious, having a dedicated family law attorney experienced in domestic violence is critical.

Talk To A Compassionate Morristown Domestic Violence Lawyer

The attorneys at Fava Law LLC provide sophisticated and strategic guidance for cases involving domestic abuse. Combining deep legal knowledge with a practical, client-centered approach, they are adept and handling high-stakes cases and sensitive issues. To schedule an appointment, call the firm at 973-524-6245. You can also send a message through the firm’s website. All inquiries are strictly confidential.