Do you think domestic violence is an issue of the past? Think again. The National Coalition Against Domestic Violence estimates that a person is physically abused by an intimate partner every 20 minutes in the U.S. In many instances, the partners are legally married. What do victims of this kind of violence need to know? Domestic violence is grounds for the legal termination of a marriage in New Jersey, and victims have a right to live free of such debilitating abuse.
Defining Domestic Abuse in New Jersey
What exactly is domestic abuse? Many falsely believe that abuse only occurs when there is a provable physical injury, but this isn’t true. In New Jersey, domestic violence is a crime. It’s described as the act of coercing or controlling a spouse in order to influence, hinder or create certain feelings in the victim. Domestic violence is often carried out through physical violence, but it may also include other elements like:
- Economic abuse
- Sexual abuse
- Verbal threats
- Abusing children
- Emotional abuse
How Domestic Abuse Claims Impact Divorce Proceedings
If you are in an abusive marriage, then understand you have the right to file for a divorce. In New Jersey, you’d want to seek out a fault-based divorce on the grounds of extreme cruelty. Extreme cruelty is defined as spousal violence or abuse that does not have to be physical.
Depending on your situation, you may also wish to file for an emergency temporary restraining order against your spouse. This action will prevent your partner from contacting you or attending any location you are in. Filing for a divorce on the grounds of domestic violence will impact any child custody hearings.
Judges consider multiple factors when making child custody decisions. One of the main factors is the safety of the child. Other significant considerations are the couple’s history of domestic violence and the safety of either parent from abuse from the other parent. Visitation rights could also be impacted due to domestic violence claims. In extreme situations, judges have ordered that an abusive parent’s parental rights get terminated completely.
Are You Ready to Take the Next Step?
Filing for divorce from an abusive spouse is overwhelming. If you’re considering pursuing this course of action, then it’s advised that you reach out to an experienced family law attorney as soon as possible.
Contact a Moorestown Family Law Attorney for a Consultation About Divorce in New Jersey Today
If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at the Law Offices of Stephen R. Piper represent clients throughout the state, including Moorestown, Camden County, Burlington County, Gloucester County, Cumberland County, and throughout New Jersey. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at 856-861-3330 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 212 W Route 38, Ste 440, Moorestown, NJ 08057.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.