New Jersey domestic violence Article

Domestic Violence

If you think you are possibly a victim of domestic violence, stop and read this article. With extensive reforms in New Jersey's domestic violence laws, women and children have more protection than ever before.

FACT: In the United States a woman is more likely to be assaulted, injured, raped or killed by her male partner (spouse, boyfriend or lover) than by any other type of assailant.

FACT: There were 66,000 reported cases of Domestic Violence in New Jersey in 1993.

FBI Figures

The FBI estimates that every 18 seconds a woman is beaten. The Coalition of Battered Women distributed a handout dated 1992 which reported that every 15 seconds a woman is beaten.

Whatever your source, a minimum of two million women in the United States are abused annually with others indicated that the figure is closer to six million. Some researchers believe that violence occurs in at least two thirds of all marriages, and that perhaps as many as fifty percent of all women are battered at some time in their lives.

Domestic Violence Defined

Domestic violence is thus a serious legal, social psychological and family problem with tremendous costs. If you have been beaten, raped, forced to perform sexual acts against your will, threatened with a gun or any other weapon, harassed or terrorized with violent behavior, or stalked by your spouse, partner, someone you hare dating, a relative or household member, you have been the victims of a crime which is called domestic violence.

Because the person who has committed the crime against you is your relative or intimate, whatever you decide to do is probably going to be difficult, and any action you take, either in the courts or outside of them, will involve risks. For women who have been battered, attempts to break free of a violent relationship do involve risk. However, women who stay in an abusive relationship face the strong risk that the abuse will escalate. This is one important reason why, despite the risks involved in leaving, thousands of women leave abuse relationships and start new lives.

Prevention of Domestic Violence Act

The Prevention of Domestic Violence Act allow a woman to obtain a court order to keep her abuser away from her. The most important thing is your safety and the safety of your children. If you are being threatened, stalked, or harassed, get out of the house and go to a safe place. If you abuser threatens to kill you, you must report this immediately to the police and take all steps to secure your safety. If you are too afraid to remain at home, please seek shelter elsewhere.

Family Intake Office

The victim of domestic violence can go to the Family Intake Office in the court house in her county and ask for a civil restraining order. A restraining order is a court order that in some way tries to control the abuser's behavior by forbidding him from entering the home or place of employment of the victim or from contacting the victim or her friends, relatives, coworkers, or employers. This matter will be heard by a family court judge who will typically issue a temporary restraining order upon the application of the battered spouse after hearing her testimony. The temporary restraining order will be in effect for a short period of time pending a hearing on a permanent restraining order. The abusers will be notified of the date for the hearing for the permanent restraining order.

Criminal Route

Another option is to go to the police or to the municipal court and to charge the abuser with a crime, such as assault, and proceed through the criminal justice system. If the abuser is found guilty of the crime of violence, he can be subject to jail, probation, or fines.

Many women prefer using the civil justice system approach to get a restraining order to keep her abuser away because it is usually faster than the criminal justice system and the civil justice system offers many other remedies that women requires such as child support, alimony, health insurance, lawyers fees, and much other relief which can be obtained on the hearing date for the permanent restraining order.

Check List of Steps Once You Have Left an Abusive Relationship:

1. After you get your restraining order, make copies and take one to your local police for their files. You should also give a copy to all of the following: you children's school, daycare center, or baby-sitter; a neighbor or nearby relative; someone where you live or work, such as the security guard at work or building super. Keep a copy of your restraining order with you at all times.

2. If you are the one that has remained in the home, change the locks, get a security system, install bright lights outside the home.

3. Ask someone at your workplace to screen your income calls, if possible. 4. Try to avoid stores, restaurants, banks, and other places that your abuser and you used to frequent and where he may go looking for you.

5. JOIN A SUPPORT GROUP.

6. Teach your children how to use the telephone to reach the police or fire department in case of an emergency.

7. Be sure to save all evidence of abuse, including names and addresses of witnesses, recording of abusive telephone conversations, pictures of any injuries or damage, and all police and medical reports.

8. Develop a code word that you can use with your children or a close friend so that they can call for help when you cannot. Choose a word other than "help." A private word is preferable. 9. Make sure where extra cash, your savings books, your checkbooks, your credit cards, and any other valuables are located at all times. 10. Have duplicate sets of your legal documents such as all I.D., birth certificates, social security card, drivers license, marriage certificate, your restraining order, documentation of your car ownership, medication, prescriptions, court papers and all other legal documents kept in an easily accessible safe place and in organized format.

Miller, Miller & Tucker, P.A. is ready to help women obtain the necessary protections under the Prevention of Domestic Violence Act.

The information expressed above should not be construed as legal advice but merely information on the law that may be of interest to you. Remember, individual legal problems require individual solutions. Please contact Miller, Miller & Tucker, P.A. if we can help.