Domestic Violence is also referred to as spousal abuse, domestic abuse, and even child abuse. This type of violent behavior occurs in a domestic situation, usually between domestic partners, such as spouses, ex-spouses, couples living together, or even dating partners. Domestic violent behavior usually consists of one of the partners in an intimate relationship attempting to control the other through physical aggression or force, or the threat of force. Actions included in domestic violence are hitting, punching, slapping, shoving, restraining the victim, throwing objects, intimidation, stalking, deprivation of money or other means for survival, and many other forms of sexual, emotional, or physical abuse.
New Jersey has a strict guidelines when it comes to domestic violence. Police are required to arrest a suspect if the accuser, be it a wife, a girlfriend, a cohabitant, or any family or household member shows any sign of injury. Also, police may still arrest the accused even if there is no sign of injury. In response to an accusation of domestic violence or spousal abuse the municipal court will usually issue a restraining order against the accused.
In New Jersey,
"
Domestic violence" means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor:
(1) Homicide
N.J.S. 2C:11-1 et seq.
(2)
Assault
N.J.S. 2C:12-1
(3) Terroristic threats
N.J.S. 2C:12-3
(4) Kidnapping
N.J.S. 2C:13-1
(5) Criminal restraint
N.J.S. 2C:13-2
(6) False imprisonment
N.J.S. 2C:13-3
(7)
Sexual assault
N.J.S. 2C:14-2
(8)
Criminal sexual contact
N.J.S. 2C:14-3
(9) Lewdness
N.J.S. 2C:14-4
(10) Criminal mischief
N.J.S. 2C:17-3
(11) Burglary
N.J.S. 2C:18-2
(12) Criminal trespass
N.J.S. 2C:18-3
(13) Harassment
N.J.S. 2C:33-4
(14) Stalking
P.L.1992, c. 209 (
C. 2C:12-10)
When one or more of these acts is inflicted by an unemancipated minor upon a person protected under this act, the occurrence shall not constitute "domestic violence," but may be the basis for the filing of a petition or
complaint under a different criminal statute.
A victim of domestic violence is typically a person protected under this act and shall include 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. A victim of domestic violence also includes 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. A victim of domestic violence also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
Please do not underestimate how serious a domestic violence charge is. Do not make the mistake of making any statement to the police or your accuser without an attorney present. You may make mistakes that will have long-lasting consequences for your family and your financial well-being. If you would like to speak with an attorney, please contact the Ibrahim Law Offices and arrange a free consultation. We defend individuals charged with domestic violence throughout NJ, including Passaic County, Hudson County, Union County, Essex County and Morris County.