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What is "Domestic Violence?"
Am I a victim of domestic violence?
If I believe I am a victim of domestic violence, what should I do?
What is "Domestic Violence"?
According to New Jersey law, any one of the following acts is considered to be "domestic violence":
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
Each of these terms is defined by a separate statute, so you should consult with an attorney before assuming that the act against you meets this definition. You should also ask yourself: Does the person you love?
- "Track" all of your time?
- Constantly accuse you of being unfaithful?
- Discourage your relationships with family and friends?
- Prevent you form working or attending group meetings or school?
- Criticize you for little things?
- Anger easily when drinking alcohol or taking drugs?
- Control all the finance and force you to account in detail for what you spend?
- Humiliate you in front of others?
- Destroy personal property or sentimental items?
- Hit, punch, slap, kick, or bite you or the children?
- Use, or threaten to use, a weapon against you?
- Threaten to hurt you or the children?
- Force you to engage in sex against your will?
If your answer is "yes" to any of these questions, you should seek help immediately! Contact us.
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Am I a victim of domestic violence?
New Jersey Law has a specific definition of a "victim of domestic violence." According to that definition, in order to bring a complaint, you must be:
- Over 18 years old or an emancipated minor.
- Be subjected to domestic violence by:
- Spouse
- Former spouse
- Present or former household member
- Person with whom you have, or anticipate having, a child in common.
- Person with whom you have or have had a dating relationship.
You are an "emancipated minor" if you are "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."
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If I believe I am a victim of domestic violence, what should I do?
Unfortunately, there are no easy answers to this question, but there are things you can do to protect yourself:
- Call the police or sheriff. Assault, even by family members, is a crime. The police often have information about shelters and other agencies that help victims of domestic violence.
- Leave, or have someone come stay with you. Go to a battered-woman?s shelter- you can call a crisis hotline in you community, or a health center, to locate a shelter. If you believe that you are in danger, leave immediately! If you have children, always take them with you. If you fear the abuser's anger, call the police for assistance.
- Get medical attention from your doctor or a hospital emergency room. Ask the staff to photograph your injuries and keep detailed records in case you decide to take legal action.
Other alternatives include:
- Contacting your family court for information about a civil protection order that doesn?t involve criminal charges or penalties.
- Talking to someone. Part of the abuser?s power comes from secrecy. Victims are often ashamed to let anyone know about intimate family problems. Go to a friend or neighbor, or call a domestic-violence hotline to talk to a counselor.
- Planning ahead to know what you will do if you are attacked again. If you decide to leave, choose a place to go, and set aside some money. Put important papers together-marriage license, birth certificates, checkbooks, savings account books, social security cards, insurance information-in a place where you can get them quickly.
- Learning to think independently. Try to plan for the future and set goals for yourself.
The information set forth above constitutes general answers to certain questions pertaining to New Jersey Domestic Violence Law and is not intended or designed to replace the advice of an attorney after a careful review of the individual facts of your case. Please read our site wide legal disclosure.
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