Montclair Domestic Violence Lawyer

Balancing work, finances, family obligations, and parenting often creates a stressful home environment. Emotions may run high, and some families find themselves involved in physical domestic disputes. Regardless of how stressful times may get you should never be in fear of provocation or harm every time you walk through your door.

Additionally, allegations of domestic abuse can have serious consequences on many aspects of your life. Therefore, if you are experiencing household violence or allegations of domestic abuse, you should reach out to one of our dedicated family law attorneys in New Jersey. A Montclair domestic violence lawyer could assist you through this sensitive matter and work to protect your rights.

Understanding Domestic Violence Offenses in Montclair

Household violence often involves more than physical confrontations. Creating an environment where family members fear bodily harm, verbal cruelty, or emotional manipulation might contribute to domestic abuse claims. Under the New Jersey Prevention of Domestic Violence Act, the following crimes qualify as domestic abuse if committed against a spouse, a former partner, co-parents, significant others, emancipated minors, or another designated household member:

  • Criminal restraint, false imprisonment, and kidnapping
  • Murder, assault, and similar crimes resulting in bodily injury
  • Stalking, harassment, and cyber harassment
  • Robbery, burglary, and criminal trespass
  • Sexual assault, unlawful sexual contact, and lewdness
  • Criminal coercion and threats

Even abusive text messages and emails may qualify as domestic harassment sufficient to bring criminal charges. Parties do not have to live together to sustain domestic abuse claims provided the acts were rooted in a romantic, familial, or co-parenting relationship. A local attorney who has experience handling domestic abuse case could help protect or defend against these claims.

Addressing Crimes Against Household Members in Family Court

Offenses against family members often trigger both civil and criminal claims in the state. Because family-based violence frequently involves spouses and children, New Jersey’s family courts generally have jurisdiction over qualifying domestic crimes. However, the police must bring alleged offenders before the criminal court if the victim displays signs of injury, the offense involved a deadly weapon, or the aggressor violated a protective order.

Parties to domestic abuse disputes may find themselves navigating the criminal justice process with an appointed state lawyer who cannot generally assist them with related custody and divorce proceedings. Only a qualified family attorney should help Montclair residents when the state transfers domestic violence claims to state family courts.

Potential Consequences of Household Violence Convictions

Family judges must consider the facts of every spousal abuse claim. This analysis often includes looking for a history of family violence, considering the nature of the crime itself, and determining the likelihood of re-offense. In addition to criminal penalties, family-based offenses may result in the following consequences:

  • Protective orders prohibiting the aggressor from approaching the victim or shared children
  • Removal of the offender from the household
  • Modification of visitation and custody orders
  • Mandatory drug and alcohol rehabilitation or domestic counseling
  • Award of additional assets to victims during separation and divorce proceedings

Severe crimes of violence against household members may result in a temporary or permanent loss of parental rights and unequal post-divorce asset distribution. Due to these consequences, individuals may face false or exaggerated domestic violence claims during divorce and custody litigation, which results in the need for a skilled attorney from the area.

Contact a Montclair Family Attorney

Not all domestic abuse charges result in criminal penalties. However, many claims carry serious family law consequences. Divorcing spouses may even submit evidence of domestic crimes years after the alleged act.

Do not handle these life-altering claims without the aid of a compassionate Montclair domestic violence lawyer. Whether you were accused of abuse or experiencing violence from a family member, call today for a free legal consultation.

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