Domestic Violence

Domestic Violence | Divorce Attorney Ann Fabrikant East Brunswick NJ

Domestic Violence describes a pattern of abusive behavior in a domestic setting, such as in a relationship, whether that is marital, dating, family and the like.  It applies to both heterosexual and same-sex family relationships. Domestic Violence takes many forms including: physical, verbal, emotional, economic, religious, and sexual abuse.

Domestic Violence knows no social or economic boundaries

Spousal abuse, has been proven to correlate with other forms such as child abuse. Whether victims of actual assault or not, one can only imagine the long-lasting emotional trauma of witnessing abuse. You might be surprised that children are not the only helpless victims. Domestic violence extends even to the elderly and disabled. In 1991, the NJ State Legislature established the Prevention of Domestic Violence Act. It offers two forms of assistance to victims of domestic violence: civil relief and criminal relief. The former is our specialty. Under the protection of the Act, age and sex are not a factor, nor is one’s physical or mental health.

Civil relief begins with a restraining order

The Plaintiff gets a temporary restraining order, or TRO. It is served on the Defendant. As simple as this may sound, it is important to remember that the terms Plaintiff and Defendant are not synonymous with ‘victim’ and ‘assailant’ respectively. The individual serving the TRO requires representation just the same as the one receiving it. Whichever side of Family Court you find yourself, you will require our services all the same. A TRO is simply the beginning. Anyone who violates a TRO will be subject to criminal charges and will have a criminal record if found guilty.

Typically, there is only supposed to be a ten (10) day period between issuing a TRO and the hearing itself. Oftentimes the hearing does get rescheduled to permit one party or both to hire lawyers. The hearing can result in one of three possible outcomes: civil restraints, a final restraining order, or FRO or the dismissal of the TRO. What is the difference between civil restraints and an FRO? Civil restraints do not carry the same effect as a final restraining order. It is an agreement between both parties to essentially keep the police out of the picture, whereas an FRO is decided and awarded by the Judge. With civil restraints, the parties agree to certain terms, such as not to contact the other party, to stay out of the marital home, etc.  With an FRO, the Judge tells the Defendant what and whom he/she can do and see.  Violation of civil restraints is a matter that can be pursued in family court, without any risk of a criminal history. It goes without saying that breaching a final restraining order warrants the police being called and criminal penalties being pursued.

CONTACT THIS OFFICE The sooner you contact a professional, the better, because the ramifications of domestic violence are perpetual. They carry on in the daily mental and physical well-being of the victim, assuming the perpetrator doesn’t act again. Time is of the utmost importance.

Fabrikant Law Is Here To Help

Domestic Violence is a serious matter. If you need help in the Central New Jersey area call (732) 659-4109 or click the button below

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