Introduction
Divorce is often a painful and emotional process. However, when domestic violence is involved, the process becomes even more complicated. Domestic violence can have a significant impact on a divorce case, especially in regards to child custody, support, and property division. In New Jersey, domestic violence is taken very seriously, and the state has specific laws and procedures to protect victims of domestic violence during and after a divorce.
Domestic Violence Laws In New Jersey
In New Jersey, domestic violence is defined as any act that causes bodily injury, places an individual in fear of bodily injury, or subjects a person to nonconsensual sexual contact. Domestic violence can occur between spouses, former spouses, individuals who are dating or have dated, co-parents, and household members.
New Jersey has several laws in place to protect victims of domestic violence. These laws include the Prevention of Domestic Violence Act (PDVA) and the Domestic Violence Procedures Manual. The PDVA defines domestic violence and allows for the issuance of restraining orders against an abuser. The Domestic Violence Procedures Manual outlines the process for victims to obtain a restraining order, and provides guidance for law enforcement, judges, and other court personnel on how to handle domestic violence cases.
Impact Of Domestic Violence On Child Custody
Domestic violence can have a significant impact on child custody decisions in a divorce case. In New Jersey, the safety of the child is the primary concern when it comes to custody decisions. If a parent has a history of domestic violence, they may be considered unfit to have custody or visitation rights.
The court may also order supervised visitation or require that the abusive parent complete anger management or parenting classes before being allowed to have unsupervised visits with the child. In some cases, the court may even terminate the parental rights of a parent who has a history of domestic violence.
Impact Of Domestic Violence On Child Support
Domestic violence can also impact child support in a divorce case. In New Jersey, the court may consider the impact of domestic violence on the custodial parent’s ability to work or earn an income when determining child support. If the custodial parent is unable to work due to injuries sustained from domestic violence, the court may award additional support. Additionally, if the court determines that the abusive parent has intentionally or recklessly caused harm that affected the child’s safety or well-being, the court may order that parent to pay a higher amount of child support.
Impact Of Domestic Violence On Property Division
Dividing marital property can be a contentious part of any divorce case. However, when domestic violence is involved, the process can become even more complex. In New Jersey, domestic violence can impact property division in several ways.
First, if a spouse can prove that they were forced or coerced into transferring or selling property as a result of domestic violence, the court may order the transfer or sale to be voided. Additionally, the court may consider domestic violence as a factor when dividing property. For example, if a spouse used marital assets to purchase a weapon that was used in an act of domestic violence, the court may award a larger portion of marital property to the victimized spouse.
Domestic Violence Resources In New Jersey
If you are the victim of domestic violence in New Jersey, there are several resources available to you. The New Jersey Domestic Violence Hotline can provide you with crisis counseling, safety planning, and information about your legal options. You can reach the hotline at 1-800-572-SAFE (7233). Additionally, the New Jersey Coalition to End Domestic Violence can help you find a local domestic violence agency that can provide you with advocacy, counseling, and other services.
Conclusion
Domestic violence can have a significant impact on divorce cases in New Jersey. It is important for victims to understand their legal rights and options when it comes to obtaining a restraining order, seeking custody of their children, and dividing marital property. If you are the victim of domestic violence, it is important to seek help and support from a qualified professional.