There were 70,311 domestic violence cases reported to the New Jersey police in 2011. There are many cases that go unreported as well, making domestic violence an issue of great concern in the state. Families who are involved in divorce or family law cases have a higher incidence of domestic violence. The family may come to court because the violence has ended the relationship or the violence may emerge as the relationship is ending.
Domestic violence includes not only physical violence but sexual and emotional violence, as well as threats and stalking. If you feel unsafe you must reach out and get help immediately.
If you are a victim of domestic violence, the most important thing is the safety of yourself and your children. It is essential that you get help immediately, either by calling the police, going to a domestic violence shelter, or someplace else where your safety is assured.
Your next step is to obtain a restraining order so that your attacker cannot approach you or harm you. This order can give you possession of the home as well as temporary custody of your children.
Once you are in a safe place, it is time for you to work with your attorney and make permanent decisions about divorce, custody, child, support, alimony, or property division. Domestic violence has an impact on all parts of your divorce. It is a factor that is considered when the court determines permanent custody of your children. Child support orders are reflective of the custody situation, so this is also impacted. The court may consider all relevant factors when determining alimony in your case, so domestic violence can play a role in this part of your divorce as well.
DeTorres & DeGeorge is your law firm for family law in Flemington and Clinton, New Jersey. Set up a time to come in and talk to us.