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What Are My Rights if My Spouse is Abusive?
Leaving an abusive relationship isn’t easy. Despite your partner’s aggressive, controlling, or threatening behavior towards you, you may be afraid to leave the relationship and seek help due to potential retaliation. However, it’s crucial to remember that you are not alone and there is a way out. There are various resources available to help victims of domestic violence. Please continue reading to learn how to divorce an abusive spouse in New Jersey and why connecting with a compassionate Ocean County Divorce Attorney is in your best interest.
What is Considered Domestic Violence in New Jersey?
The New Jersey Prevention of Domestic Violence Act (PDVA) is a law that offers protection against domestic violence and abuse. Domestic violence is defined as a pattern of physical, emotional, verbal, and sexual abuse, which includes, but is by no means limited to, threats, intimidation, isolation, and financial control. It’s important to understand that even if one party has never physically injured the other, they may still have committed the act of domestic abuse under state law.
How Do I File for a Restraining or Protection Order?
If you ever fear for your safety, it’s highly recommended to file for a restraining order or emergency protection order. When the court grants this request, the restrained person will be reported to the police and arrested if they break the order. It’s important to note that children can be included in these orders if there is a threat of harm. You can request a restraining order if you and the accused:
- Are or were married
- Are living together
- Have a child together
Seeking a restraining order can provide legal protection and prevent further contact with the abuser. Keep in mind you can also petition the court for an emergency protection order also known as a temporary restraining order (TRO). This will restrict contact or further harmful behavior from a person. It stays in effect until a court hearing can be scheduled for the judge to speak to both parties.
How Do I File for Divorce?
Filing for divorce can initiate the process of legally ending the abusive relationship and establishing a framework for child custody, support, and property division. New Jersey allows for both fault and no-fault divorces. In cases involving domestic violence, victims can cite “extreme cruelty and inhuman treatment” as the grounds for the divorce.
Unfortunately, domestic violence can happen to anyone. It’s important to understand that you have the right to live free from fear and abuse. Seeking help is the first step towards reclaiming your life and building a safer future. At the Law Office of Sarina Gianna, LLC we are prepared to help protect your rights and ensure your safety. Connect with our firm today to learn more about what we can do for you during these difficult times.