Paterson NJ Domestic Violence Defense Lawyers
What Constitutes An Act of Domestic Violence in New Jersey
N.J.S.A. 2C:25-18 of the Domestic Violence Prevention Act is intended to assure that the victims of domestic violence are afforded the maximum protection law can provide. By allowing a victim to obtain a restraining order, the law accomplishes this goal. The question that is repeatedly received by our lawyers is, however, what is an act of domestic violence?
Domestic violence includes anyone of the following fourteen (14) acts inflicted by an adult or an emancipated minor:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
Who Can Get a Restraining Order?
Under the Prevention of Domestic Violence Act of 1991, a victim of domestic violence will include the following: any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member; any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant; any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
As defined by N.J.S.A 2C:25-19, an emancipated minor includes a person who is under 18 years of age but who has been married, has entered military service, has a child or is pregnant or has been previously declared by a court or an administrative agency to be emancipated.
If you are subject of a temporary restraining order or have an upcoming final restraining order hearing, give our attorneys a call at 862-203-4070. Initial consultations are without charge so do not hesitate to contact us.
