What Constitutes Domestic Violence Under the Law?

What Constitutes Domestic Violence Under the Law?

Our Morris County Attorneys Review the Laws and Define Domestic Violence. Serving Clients across Morris County and Northern New Jersey.

Jacobs Berger Law Firm co-founder Sarah J. Jacobs, Esq. dedicated to protecting the interests of clients in family law proceedings explains the requirements that constitute domestic violence.

Domestic Violence

Often our clients come to us and request us to explain to them what constitutes domestic violence. We have to start with the list of potential crimes under the Prevention of Domestic Violence Act. Interactions, between two parties, as long as they have a family-like, or intimate relationship might qualify as domestic violence under stalking, harassment, assault, terroristic threats, false imprisonment and other items that are listed under the statutory requirements.

Domestic violence as a Quasi-Criminal Act

It is prosecuted in the family court when you are attempting to receive a final restraining order (FRO) after you have gotten the temporary restraining order. To succeed in achieving a final restraining order, you need to prove:

  1. That an act following under one of those defined statutory requirements has occurred.
  2. That without the entry of the final restraining order you would continue to be in harm’s way by the perpetrator of violence.

The case law lays out the elements that you would need to prove under the law when you are prosecuting a TRO to a final restraining order.

Who do I contact if engaged in an act of domestic violence?

The first person or people that you should be calling if you are engaged in an act of domestic violence is the police, not your lawyer. The second people that you should call, after you are in a safe place and you are in a position where you are emotionally¬† able to deal with the outcome of the incident that just occurred is your lawyer, so than we can walk you through how we go forward with making sure that you are safe on an ongoing basis and the options available to you for keeping yourself and your children out of harm’s way in the future.

Contact our Morristown Domestic Violence Attorneys

If you have further questions or want to schedule a consultation with one of our experienced family law attorneys regarding domestic violence issues, call Jacobs Berger immediately so that we may give you not only our advice but also an understanding and helping hand during this difficult time.

We strive to educate and guide our clients, arming them with the knowledge they need to make the difficult decisions that are required when dealing with domestic violence. Call us to begin your process at our Morristown office at 973-718-7705 or check our online form.

About the Author:

Sarah Jacobs is dedicated to protecting the interests of clients in family law proceedings. Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney, and Qualified as a Mediator, Sarah possesses nearly 20 years of experience practicing law throughout the State of New Jersey. Together with partner Jamie N. Berger, Esq. their boutique Morristown family law firm is managed with the goal of providing high-quality service tailored to each client's individual needs. In her capacity as both a family law mediator and litigator, Sarah works with negotiation-minded clients in a cooperative setting. She is also a skilled litigator with the knowledge needed to take even the most complex cases to court, if necessary.

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