If you are a victim of true domestic violence, whether it’s physical or emotional abuse, and you call police, you had better be serious about the allegations. In fact, you can rely on New Jersey law enforcement to take your threats very seriously. NJ domestic violence laws are so strict that a police officer called to the scene of an argument between family members MUST arrest the alleged abuser if there are any signs of physical abuse on the victim. They have no choice but to arrest them. That’s the law.
Further, they have the right to arrest the alleged abuser even if there are no witnesses and no physical injuries. Police officers are trained to spot certain behaviors that indicate a domestic violence situation.
Police will respond to a victim’s call for help and assess the scene. They will separate the parties and attempt to restore order while they ask questions and get to the bottom of the incident.
For victims, police will offer information about how to get help and will explain their rights under New Jersey domestic violence law.
For the alleged abuser, if the police see physical abuse or suspect that the allegations are serious, they will place the abuser under arrest. Generally, speaking, regardless of the time of day — even in the middle of the night — the local judge will issue a temporary restraining order to keep the potential abuser from returning to the residence.
While many charges take weeks or months to be heard in court, a domestic violence hearing will be held within 10 days of the complaint and TRO being issued. If the victim is able to present enough evidence to warrant a permanent restraining order, a judge may grant it.
If you have been abused by a spouse, a child, a parent or someone else close to you, you have a right to be heard. You should never have to live in a situation where you fear for your live or your children’s lives. There are many reasons to feel afraid and many abused spouses choose to stay in the situation rather than fight. You do have options. If you file a complaint you can get the protection you need.
The law firm of Davis & Mendelson is committed to helping victims of domestic violence by protecting their rights. Often, people affected by domestic violence think that if they leave their abuser they won’t have a place to live or a car to drive or access to their money. This simply isn’t true:
- According to NJ law, you don’t even have to worry about paying your way if your abuser’s income is required to pay for your residence. The truth is the judge can order the defendant to pay the mortgage or rent.
- The judge can also grant the victim temporary possession of cars, health insurance, keys, checkbook and access to accounts and any other personal items.
- Worried about your children? The judge has the authority to award temporary custody to you if there is concern your children are in danger.
- The judge can even require the defendant to pay a monetary sum to the victim and dependants and won’t hesitate to do this based on the information presented in court. This includes child support for your children.
Further, you don’t have to worry about having to interact with your abuser at all. A police officer will accompany you as needed to get items that are yours from a premises occupied by the defendant.
Contact a compassionate domestic violence lawyer in Camden County today. We want to help you and we know how to put New Jersey strict domestic violence laws to work to protect your rights.