Dating violence laws new jersey

The New Jersey Domestic Violence Act provides for two forms of relief to a victim of domestic violence: Civil relief, which is in the form of obtaining a restraining order, and criminal relief, which allows a victim to file criminal complaints against the batterer.The Judiciary of New Jersey continues to be committed to responding to the needs of victims of domestic violence and their families and continues to make strides in effectuating the legislative mandates as set forth in the Prevention of Domestic Violence Act.The terms dating and domestic violence are essentially interchangeable under NJ law.The term “dating” violence typically refers to “younger” people who are not married.It found that thousands of persons in this State were regularly beaten, tortured and in some cases killed by their spouses or cohabitants; that a significant number of women were assaulted while pregnant; that victims of domestic violence came from all social and economic backgrounds; that there is a positive correlation between spousal abuse and child abuse and, that children, even if they are not themselves physically assaulted, suffer deep and lasting emotional effects from exposure to domestic violence.The Legislature further found that some of its most vulnerable citizens, the elderly and disabled, are victims of domestic violence as well.

It includes the use of intimidation, threats and isolating behaviors.Some of the most difficult cases that I face as a Domestic violence lawyer id drawing distinction between harassment and, what my other attorney colleagues and I often call, “divorce-bickering.” While many couples that are breaking up have arguments, harassment describes a pattern of abusive and controlling behavior with the intent to alarm the victim as to their safety and welfare.I have had many judges here in New Jersey tell me that temporary restraining orders harassment cases under New Jersey’s Prevention of Domestic Violence act are the toughest to determine as to whether a final restraining order should be issued.Firearm Prohibitions for Persons Subject to Domestic Violence Restraining Orders New Jersey allows victims of domestic violence to seek a restraining order against: 1) a spouse, former spouse, or any other person who is a present or former household member; 2) a former or current dating partner or anyone with whom the victim has had a romantic relationship; or 3) any person with whom the victim has a child in common or anticipates having a child in common, if one of the parties is pregnant.New Jersey prohibits an individual from purchasing, owning, possessing or controlling a firearm, a permit to purchase a handgun, or a Firearms Purchaser Identification Card (FPIC) if he or she is subject to a domestic violence restraining order.New Jersey also allows a judge to prohibit the purchase or possession of a firearm by persons subject to ex parte domestic violence protective orders (i.e., orders issued without informing in advance the party to whom the protective order is directed).

650

Leave a Reply