New Jersey takes protecting victims of domestic violence very seriously and has enacted legislation to do so effectively. In 1990, New Jersey created the Prevention of Domestic Violence Act, which protects domestic violence victims.
Some of the crimes that are considered acts of domestic violence include the stalking, harassment, sexual assault, kidnapping, false imprisonment, assault, terroristic threats, and more from one person in a relationship to another. The victim and abuser no longer necessarily need to be in a relationship with each other. The parties may have been in a relationship previously or have a child together. The act states that a police officer is required to take into custody the suspected abuser if the victim indicates any sign of physical injury, states that physical injury has occurred even if there are no visible signs, if a warrant is in effect, or if a no-contact order has been violated. Law enforcement is also permitted to arrest a person if they don’t fall into the previously stated categories but have found probable cause to arrest the individual for suspicion of acts of domestic violence.
There may be situations in which a police officer believes that the victim needs an immediate restraining order to protect them. They will be required to immediately contact a judge by phone or other means of communication to obtain the order. The police officer can fill out the temporary restraining order upon direction from the judge and serve it to the abuser. If the suspected abuser has not been arrested, the victim should be escorted to his or her home by the police officer, who will order the offender to leave the property.
If you have been the victim of domestic violence in New Jersey, it is important that you obtain the protection you need as soon as possible. If you need to speak to an attorney regarding your case, contact our firm today.
Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. Contact our firm for a consultation today.
