Domestic Abuse During Divorce
How Domestic Abuse Can Affect a Divorce Case
Divorce is often a trying time for everyone involved, bringing with it mountains of stress and emotional difficulty. However, any instance of domestic abuse rearranges the priorities of a divorce case. Marriages can end because of irreconcilable differences, but the moment that one spouse begins to abuse another opens a door that cannot be closed.
If you have suffered or have reason to fear physical abuse, psychological and emotional abuse, or threats and harassment, you need to get yourself and your children to safety. One of our experienced family law lawyers in New Jersey can advise you about the steps you can take to ensure your safety before moving forward with the divorce process.
1. Your Safety Must Come First; Either the Violent Party Goes, Or You Do.
If you have experienced domestic violence, your first call should be to the police, the New Jersey Domestic Violence Hotline, or your local court’s domestic violence unit. Once the authorities have removed the violent party, you can speak to a family law attorney about the next steps you should take. If you intend to seek a divorce, you can start this process after taking steps to ensure that you and any children remain safe.
2. If You Fear for Your Safety, You Can Quickly and Easily File for a Restraining Order.
You do not need an attorney to obtain a temporary restraining order. If you have experienced domestic abuse, such as harassment, threats, or other kinds of emotional abuse, you should notify the police and then contact one of our experienced family law lawyers in New Jersey. The court will be able to issue a restraining order. If the violent party violates the restraining order, he or she will face jail time and other serious penalties.
3. A Temporary Restraining Order Will Immediately Affect the Violent Party’s Right to Be Around Children.
A restraining order is a serious matter. A temporary restraining order essentially freezes the violent party’s parenting time unless a judge revokes the order. If your spouse has been given a temporary restraining order, the court will set a date for a final restraining order hearing within ten days. If the judge decides to issue a final restraining order, the court will enter the violent party’s name into a statewide database of domestic abuse offenders. You should contact an experienced family law attorney to accompany you to the hearing in order to advocate for the restraining order against your spouse.
4. A Permanent Restraining Order Will Legally Bind Your Spouse from Future Violence.
Unlike in most states, final restraining orders in New Jersey are permanent, and they are difficult to remove or vacate. Violation of a temporary or final restraining order could affect future child visitation rights, and in many cases, it can result in jail time. If the court has served your spouse a permanent restraining order, you need the help of an experienced family law attorney to ensure that the order continues to be honored.
There are many subjective reasons to consider ending a marriage or dissolve a union, but domestic violence is in no way ambiguous. If your spouse is threatening your or your children’s health and safety, this behavior cannot be tolerated. Consult one of our experienced family law lawyers in New Jersey immediately in order to make sure that you and your children can be safe from the violent party. Once you begin divorce proceedings, your attorney will be able to advocate for you to retain custody and keep your family safe.