In the year 2020 alone, more than 63,000 domestic violence offenses were reported to New Jersey law enforcement. This is not to mention the thousands of cases that sadly go unreported. And so, we urge you, and wish to help you, take necessary action if your spouse has made or is actively making you a victim of abuse (i.e., physical, mental, emotional, sexual, financial, etc). Please follow along to find out your designated rights if your spouse becomes abusive toward you and how a proficient Bergen County domestic violence attorney at McNerney & McAuliffe can protect you from any further harm or danger.
What rights do I have if my spouse is abusive?
We would like to start by saying that our condolences go out to you if you are being made the victim of an abusive spouse. Then, we would like to offer our services and assist you in obtaining a temporary restraining order against your spouse. This may protect you from any contact from your spouse while the New Jersey civil court hears your case. Hopefully, in the end, the court may order a final restraining order that blocks these in-person and electronic interactions permanently.
Or, after hearing your experience with your abusive spouse, we may have you consider pressing criminal charges instead. You have this right under New Jersey’s Prevention of Domestic Violence Act. If you can successfully prove that your spouse’s abuse was considered simple assault or harassment, the New Jersey criminal court may charge them with a disorderly persons offense. They may order your spouse to anger management classes, probation, or as much as up to six months in jail.
However, if you have evidence that your spouse possessed a weapon at the time of abuse, the court may upgrade their charge to a felony. With that, a fourth-degree to first-degree felony can range from up to 18 months to up to 20 years in a state prison, respectively. At this time, you may also attempt to fight for compensatory damages and punitive damages.
How do I go about divorcing my abusive spouse?
With a restraining order or otherwise pressing charges against your spouse, it is likely that you may also want to file for a divorce from them. Here, you may cite your fault-based grounds for divorce as domestic abuse. Undoubtedly, this claim may affect the outcome of your divorce-related terms.
For one, the New Jersey family court may be more inclined to allow you to remain in the residential property you and your spouse owned together. Then, the court may investigate deeply into whether your shared children were also made the victims of this domestic abuse. If there are signs of this, they may not give your spouse any custody rights over your children, or supervised visitation rights at the most. Lastly, they may have your abusive spouse pay more in spousal support and child support to compensate you after you endured suffering.
At any rate, if you are ready to start your divorce case or otherwise, now is a better time than ever to contact a talented Bergen County family law attorney. McNerney & McAuliffe are here to help.