Domestic Violence Defense

DOMESTIC VIOLENCE LAW IN NEW JERSEY

by Kenneth A. Vercammen, Esq.

New Jersey domestic violence laws are very strict. If there are any signs of physical injuries the police must arrest the abuser. Even without independent witnesses and no physical injuries, police may arrest the abuser. Domestic Violence is a crime under the law, and the police must respond to the calls of victims. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away with abuse in New Jersey. Police are automatically required to arrest an abuser if they see any evidence of abuse or assault.
Even during the evening, your town Municipal Court or Superior Court can issue a civil restraining order which is a legally enforceable document. The temporary restraining order will prohibit the defendant/abuser from harassing you or entering your residence.
Unlike a criminal case where a person is provided with lengthy due process, and if guilty receives probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days of the filing of an ex parte complaint and temporary restraining order. After a hearing , NJSA 2C:25-29 (b) allows the Chancery Division, Family Part Judge to grant substantial relief to the complainant.

At the hearing the judge of the Family Part of the Chancery Division of the Superior Court may issue an order granting any or all of the following relief:


(1)An order restraining the defendant from subjecting the victim to domestic violence, as defined in this act.


(2)An order granting exclusive possession to the plaintiff of the residence or household regardless of whether the residence or household is jointly or solely owned by the parties or jointly or solely leased by the parties. This order shall not in any manner affect title or interest to any real property held by either party or both jointly. If it is not possible for the victim to remain in the residence, the court may order the defendant to pay the victim's rent at a residence other than the one previously shared by the parties if the defendant is found to have a duty to support the victim and the victim requires alternative housing.


(3)An order providing for parenting time. The order shall protect the safety and well-being of the plaintiff and minor children and shall specify the place and frequency of parenting time. Parenting time arrangements shall not compromise any other remedy provided by the court by requiring or encouraging contact between the plaintiff and defendant. For more info, go to www.benotguilty.com and www,njlaws.com.

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• Domestic
• Violence
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[belphegor301]

...because some stupid idiot reported them over a little argument.It is not fair! It is time for the police to investigate,mostly women.Women take advantage of this system and they should be in jail for doing those false reportings.Our society gave women way too much rights,it is time to cut back!And time to make some changes in our property rights,if the house is on my name then it means everybody else is leaving the house but me,why???because the house is mine that`s why!Respect of property

[belphegor301]

very nice video...you`re using tough words like ``abuser`` isn`t it a little bit too hard?I`m just saying because 99 % of these reports are FAKE.You americans like the ``show`` and that`s why you guys call the police it`s all about the drama that makes people feel very important,I`m not saying there are cases when the police needs to be called for help,but like I said 99% of the calls are fake,but the result is this->innocent people get thrown out of their house,they won`t be able to get a job

[apekillssnake]

MISANDRY IN ACTION

[icdedpepl]

What does someone have to do, How much aggression towards one self is considered assault before one can claim self defense ???

[cogen65]

yyyy