Domestic Violence

Domestic violence is the most common yet least reported crime in the United States. Abuse happens in all classes and races. It happens at all income and education levels. The good news is that the law is more and more able to offer help and protection to victims.

The courts, police, and prosecutors all now believe that the proper response is one that acknowledges the criminal nature of family violence. While many cases of domestic violence are heard in criminal courts, obviously victims also find themselves in civil court in domestic relations and divorce proceedings, where domestic violence is a factor in both custody and visitation issues. {The lawyers at Burns & Associates can advise on how to legally protect yourself from domestic violence, and how the domestic abuse figures in any legal action you may have with the abuser.

Court orders of protection (also known as protective orders) are a judge's order to refrain from violence and abuse and even harassing behavior. If the abuser violates the order, he or she can face contempt of court or be prosecuted and possibly wind up with jail time.

New Jersey allows for ex parte (one sided) emergency temporary relief. New Jersey permits the orders of protection to exclude the abuser from the home. New Jersey also allows an award of temporary custody of any minor children.

Generally the court must have reasonable cause to believe that the victim or a member of the household is in present danger of being abused or threatened with abuse. Nearly all states allow family or household members to petition for an order of protection against another family or household member. New Jersey has added people in dating and/or engagement relationships to those who can be protected by such laws. Children are also covered within most of the current New Jersey Laws related to orders of protection.

Are orders of protection effective? They’ve proven to be, especially if they specifically address the particular safety needs of the victim in each case. Specific provisions might include orders to exclude the abuser from the home; orders to the abuser to refrain from further abuse; "no contact” orders, requiring the abuser to stay away from the victim’s place of work, stop harassing telephone calls and threats, and cease stalking the victim; and restrictions or elimination of visitation with children.

Orders of protection very often result in increased police responsiveness. This not only provides protection for the victim but also sends a clear message to the abuser about society's tolerance of family violence.

Federal Law also Offers Protection

In 1994, Congress enacted the Gender-Motivated Violence Act. This act applies across the country, and could be an important tool for victims if the abuser has enough income and assets to pay damages. It allows a person to sue for damages if another person “commits a crime of violence motivated by gender.” If the crime of violence constitutes a felony against the person or the property of the victim, the victim can sue the assailant for both compensatory damages and punitive damages.

Compensatory damages are designed to compensate the victim for the loss. The damages could include medical expenses, lost wages, pain, and suffering. Punitive damages are an added amount of damages--not for the purpose of compensation--but rather for the purpose of punishing the assailant and deterring future abusive conduct. Punitive damages, however, are still paid to the victim.

The act allows a successful party to collect attorney’s fees in addition to damages. Legal actions under the act may be brought in state or federal courts.