Domestic Violence and Restraining Orders
If you have been subjected to physical or sexual violence in your home, or if you fear for the safety of yourself and children, you are protected by the laws of New Jersey. Victims of domestic violence can obtain a restraining order to get separation from the abusive spouse, partner or family member.
Our Family Law Practice counsels domestic violence victims in Burlington County, Camden County and surrounding jurisdictions of South Jersey. We assist victims of domestic abuse in obtaining temporary restraining orders and then permanent orders. We also advocate for victims in divorce and custody proceedings to protect their parental rights and financial interests. Contact us for a confidential consultation. If you feel you are in immediate danger, call 911.
New Jersey Prevention of Domestic Violence Act
The New Jersey Prevention of Domestic Violence Act defines domestic violence to include aggravated assault, simple assault or physical abuse, verbal or emotional abuse, sexual abuse, harassment and terroristic threats. The abuser might be a spouse or live-in partner, a dating partner, an ex-spouse or former boyfriend/girlfriend, a roommate or a member of your family who lives with you.
Capehart Scatchard’s Approach
Our compassionate and knowledgeable lawyers can accompany you to the courthouse to obtain a temporary restraining order. The person will be removed from your home or instructed by police to stay away from your home. The order will also prevent that person from communicating with you in person, by phone or email, or even through a third party. The court may order that the person have no access to your children except through supervised visits. The restraining order can also apply to use of bank accounts and assets.
Within 10 days, the family court will hold a hearing on whether to issue a final restraining order. The legal team at Capehart Scatchard will help you demonstrate the need for permanent protection from the abusive person. We will also represent you in any subsequent court proceedings regarding child custody, visitation, child support or violation of the restraining order.
Are You Unfairly Accused Of Domestic Violence?
From years of experience in family law, we realize that domestic abuse allegations are sometimes used for spiteful or dishonest reasons. You could face criminal charges for assault or for violating any terms of a restraining order. You could be prevented from seeing your children. You could lose your job or your right to possess firearms. Our attorneys can challenge unwarranted restraining orders and fight false accusations that jeopardize your parental rights.