Morristown Domestic Violence Attorneys
For representation in a domestic violence matter, count on the attorneys of Broderick, Newmark & Grather, P.C., in Morristown. We represent victims of domestic violence, helping them seek restraining orders to protect themselves and their families. We also defend people who have been charged or falsely charged with domestic violence.
To speak to a family law lawyer, please contact us online or call 973.813.7074.
Experienced New Jersey Spousal Abuse Lawyer
Individuals who have experienced domestic violence have legal options to seek protection. We work with victims of domestic violence to seek the type of restraining order that may be appropriate. Depending on the incident, a victim can seek a restraining or protective order that bans the aggressor from:
- Being in close proximity of the victim's house
- Entering the victim's house
- Calling the victim
- Contacting the victim at work
Restraining orders are available for spouses and others in a domestic relationship: individuals who are dating, individuals who are living together, parent / child and others in a family-like relationship.
Domestic Violence - Persons Protected By Law
Any person who has been subjected to domestic violence by a spouse, present or former household member, or by a person with whom they have a child in common or by a person with whom they have had a dating relationship is a person protected by the law.
Domestic Violence - What constitutes?
Domestic Violence means the perpetration of any one of the following acts on a person protected by law:
•· Homicide, N.J.S.A. 2C:11-1 et seq.
•· Assault, N.J.S.A. 2C:12-1
•· Terroristic threats, N.J.S.A. 2C:12-3
•· Kidnapping, N.J.S.A. 2C:13-1
•· Criminal restraint, N.J.S.A. 2C:13-2
•· False imprisonment, N.J.S.A. 2C:13-3
•· Sexual assault, N.J.S.A. 2C:14-2
•· Criminal sexual contact, N.J.S.A. 2C:14-3
•· Lewdness, N.J.S.A. 2C:14-4
•· Criminal mischief, N.J.S.A. 2C:17-3
•· Burglary, N.J.S.A. 2C:18-2
•· Criminal trespass, N.J.S.A. 2C:18-3
•· Harassment, N.J.S.A. 2C:33-4
•· Stalking, N.J.S.A. 2C:12-10 to 10.2; N.J.S.A. 2C:25-19a(1)-(14)
Domestic Violence - Emergent Relief
Upon filing of a petition by a person complaining of an act of domestic violence, a Court may enter a temporary restraining order forbidding further acts of domestic violence and which may include removal of the defendant from a home, arrest and seizure of firearms.
Domestic Violence - Final Restraining Order
At a final hearing a Court may continue in effect any temporary orders then in effect and grant any relief necessary to prevent further abuse. It can also grant money damages to the victim, sole custody of any minor child or children, possession of a residence, a risk assessment to assess the risk of harm to a child before ordering parenting time to a defendant.
Domestic Torts
In 1979 the New Jersey Supreme Court abolished the doctrine of interspousal immunity, i.e., the legal doctrine which disallowed suits by one spouse against another for intentional injuries caused by the wrongful acts of their spouse. If you have been injured by the intentional wrongful conduct of your spouse or another member of your household or former member or a person with whom you have had a dating relationship, you or your estate may bring a claim of monetary damages against that person. The types of wrongful intentional conduct could include one or more of the fourteen acts constituting domestic violence under the statute, particularly assault and battery but also intentional infliction of emotional distress, fraud and deceit (usually in the form of dissipation of marital assets) as well as invasion of privacy, transmission of sexual disease to name a few.
BATTERED WOMAN'S (PERSON'S) SYNDROME
The martial tort of intentional infliction of emotional distress can involve BATTERED WOMAN'S SYNDROME (BWS). This syndrome is now recognized in the law. A person (usually a woman but it can be a man) suffering from the syndrome is a person who has been involved in a marital or marital like relationship who has been subjected to physical or psychological abuse by the dominant partner over an extended period of time, the abuse causing recurring physical or psychological injury. Persons suffering from the syndrome have shown a past or present inability to improve or alter the situation.
Mr. Grather has experience in representing persons who are victims of domestic violence and who have been shown to be suffering from BWS. He has successfully pursued damage claims for victims of domestic violence. In one litigated case he recovered money damages for a client victimized by her husband's assaults and illegal wiretapping. In another instance he successfully demonstrated that a victim of domestic violence should not have to pay spousal support to her abuser.
Mr. Grather works closely with recognized experts in the field of domestic violence.
Have You Been Falsely Accused of Domestic Violence?
In an act of desperation, one spouse may accuse the other of domestic violence to seek an advantage in a divorce. If you have been falsely accused of domestic violence, our firm's attorneys can help you explore your legal options.
One of the biggest inconveniences of having a restraining order issued against you is the fact that you may not be allowed to enter your own home. In the least, our firm will help you seek a temporary relief from the order that would allow you to enter your home and gather your belongings. However, we are prepared to fight on your behalf to avoid a conviction that carries harsher penalties.
If you are convicted of domestic violence, you may lose many rights, including your right to possess a firearm. You will also have to register with the police. You may face jail time. We can help you seek an outcome that will preserve your freedom and protect your relationship with your family.
Domestic violence charges are serious. To find out how we can help you fight accusations of domestic abuse or to find out what options are available to protect you and your family, contact us.
