Will I Have to Face My Abuser in Court?n

While court appearances may be necessary, especially for restraining orders or custody disputes, Bergen County family courts provide protections such as:nnSeparate waiting areas.nVirtual or staggered court appearances.nThe option to bring a support person.nCommunication through attorneys to avoid direct contact.

Bergen County Domestic Violence Lawyers

Q: What Acts Are Considered Domestic Violence in New Jersey?

Examples of domestic violence include:nnPhysical assaultnHarassment or repeated unwanted contactnStalking or surveillancenSexual abuse or coercionnThreats of violence or harmnDestruction of propertynIsolation from friends, family, or support systems

Q: How Does Domestic Violence Affect Custody, Child Support, and Property Division?

Child Custody: Courts may limit or supervise visitation for a parent with a history of abuse, restrict overnight stays, or require safe exchanges to protect the child’s well-being.nChild Support: While New Jersey uses a formula for child support, custody arrangements influenced by safety concerns can impact support amounts. Financial dependency caused by abuse may also be considered.nProperty Division: Under equitable distribution laws, courts may award a greater share of property to the non-abusive spouse if the abusive spouse’s conduct caused financial harm, property damage, or control over assets.

Domestic violence involves a pattern of abusive behaviors used to control or intimidate someone in a close relationship. Under New Jersey law, domestic violence is not limited to physical harm but also includes emotional abuse, threats, harassment, stalking, and controlling behaviors.

What Acts Are Considered Domestic Violence in New Jersey?

The New Jersey Prevention of Domestic Violence Act (PDVA) protects individuals who have experienced abuse from a spouse, partner, roommate, family member, or co-parent—regardless of marriage or cohabitation. Examples of domestic violence include:

Physical assault
Harassment or repeated unwanted contact
Stalking or surveillance
Sexual abuse or coercion
Threats of violence or harm
Destruction of property
Isolation from friends, family, or support systems

If you are experiencing any of these behaviors, you may be entitled to legal protection through the family court system.

How Does Domestic Violence Affect Divorce Proceedings in New Jersey?

Domestic violence can significantly impact divorce cases. Whether seeking protection from an abusive spouse or defending against false allegations, domestic violence issues often influence court decisions about parenting time, alimony, and property division.

Common court orders in such cases include:

Temporary or Final Restraining Orders (TRO/FRO)
Exclusive possession of the family home
Temporary custody of children

Safety is paramount. Courts often structure parenting time and communication to avoid direct contact, such as ordering supervised visitation or third-party exchanges.

What If I Am Falsely Accused of Domestic Violence During Divorce?

False accusations of domestic violence can arise during contentious divorces or custody disputes. If you believe you are wrongly accused, it is critical to respond carefully and respectfully. An FRO hearing’s outcome can profoundly affect your rights, including:

Who remains in the marital home during divorce.
Temporary and final custody arrangements.
Alimony and property division decisions.
Access to financial records.

Our Bergen County domestic violence lawyers will help you protect your rights and reputation through this sensitive process.

Can a Restraining Order Protect Me and My Family?

A restraining order is a court-issued order designed to provide immediate protection for victims of domestic violence. In New Jersey, the process usually begins with a Temporary Restraining Order (TRO), which may be granted quickly and without the alleged abuser present. A TRO can:

Prohibit the abuser from contacting you.
Require the abuser to leave the shared home.
Grant temporary custody of children to the victim.
Order the abuser to surrender firearms.
Allow the victim to continue using jointly owned property like vehicles.

A hearing is then scheduled shortly after to determine whether a Final Restraining Order (FRO) should be granted, providing long-term protection. Both parties may present evidence and testify at the hearing.

If granted, an FRO may include continued restrictions on contact, housing, finances, and parenting time to ensure ongoing safety.

How Does Domestic Violence Affect Custody, Child Support, and Property Division?

New Jersey courts must consider any history of domestic violence when deciding:

Child Custody: Courts may limit or supervise visitation for a parent with a history of abuse, restrict overnight stays, or require safe exchanges to protect the child’s well-being.
Child Support: While New Jersey uses a formula for child support, custody arrangements influenced by safety concerns can impact support amounts. Financial dependency caused by abuse may also be considered.
Property Division: Under equitable distribution laws, courts may award a greater share of property to the non-abusive spouse if the abusive spouse’s conduct caused financial harm, property damage, or control over assets.

Will I Have to Face My Abuser in Court?

Many survivors fear confronting their abuser in court. While court appearances may be necessary, especially for restraining orders or custody disputes, Bergen County family courts provide protections such as:

Separate waiting areas.
Virtual or staggered court appearances.
The option to bring a support person.
Communication through attorneys to avoid direct contact.

Your lawyer will guide you through this process, work to minimize stress, and explore alternative dispute resolution methods like mediation whenever possible.

How Can Marotta Blazini Dunleavy LLC Help?

You do not have to navigate domestic violence cases alone. With decades of experience, our Bergen County domestic violence lawyers provide compassionate and strategic representation for:

Filing and defending restraining orders.
Divorce and custody proceedings.
Emergency custody and parenting time requests.
Safe relocation and protection of assets.
Long-term family court advocacy.

We are dedicated to helping you reclaim safety, rights, and peace of mind.

Our Bergen County Domestic Violence Lawyers at Marotta Blazini Dunleavy LLC Protect Clients’ Rights

Leaving an abusive relationship takes courage—and you don’t have to do it alone. Our experienced Bergen County domestic violence lawyers at Marotta Blazini Dunleavy LLC provide the support and guidance needed to build a safer, more secure future free from harm. Call 201-368-7713 or complete our online form to schedule a free consultation. Located in Maywood, New Jersey, we serve clients throughout Bergen County and surrounding areas.

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