Restraining Orders under the Prevention of Domestic Violence Act and the Sexual Assault Survivors Protection Act

No one should live in fear from a domestic partner, which is why the law firm of Brause, Brause & Ventrice, L.L.C., takes domestic violence seriously, as do the New Jersey courts. Whether you need to file a restraining order to protect yourself and your family, or whether you are falsely accused of domestic violence, our Middlesex County domestic violence lawyers can zealously protect your rights under the New Jersey Prevention of Domestic Violence Act (PDVA). We understand that fear and intimidation often keep victims of domestic violence from seeking help, and we stand ready to provide strong and swift representation when your safety — or your reputation — is at stake.

Are You in a Relationship That Falls Within the Protections of the Prevention of Domestic Violence Act?

Individuals who are protected under the PDVA must meet one of the following criteria:

  • At least 18 year old or an emancipated minor who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member
  • Any other person regardless of age who has been subjected to domestic violence by a person with whom you have a child in common, or with whom you anticipate having a child in common if one of you is pregnant
  • A person who has been subjected to domestic violence by a person with whom you have had a dating relationship

Contact a family law attorney right away to protect yourself and your family if you are being subjected to domestic violence.

How Is Domestic Violence Defined Under the Prevention of Domestic Violence Act?

Domestic violence is defined as the occurrence of one or more of the following acts inflicted upon a person protected under the PDVA by an adult or an emancipated minor:

  • Homicide
  • Assault
  • Terroristic threats
  • Kidnapping
  • Criminal restraint
  • False imprisonment
  • Sexual assault
  • Criminal sexual contact
  • Lewdness
  • Criminal mischief
  • Burglary
  • Criminal trespass
  • Harassment
  • Stalking
  • Criminal Coercion
  • Robbery
  • Contempt of a Domestic Violence Order
  • Any Other Crime Involving Risk of Death or Serious Bodily Injury

What Does the Court Consider When Issuing a Final Restraining Order Under the Prevention of Domestic Violence Act?

To obtain a final restraining order in New Jersey, one must prove that an act of domestic violence has been committed against them, and that a restraining order is necessary to protect them or their property from immediate danger or further acts of domestic violence. The court considers the following factors:

  • A previous history of domestic violence between the parties
  • The existence of immediate danger to person or property
  • The financial circumstances of the parties
  • The best interest of the victim and any child, especially in determining custody and parenting time
  • The existence of a verifiable order of protection from another jurisdiction
  • Any pattern of coercive control that unreasonably interferes with, threatens, or exploits a person’s liberty, freedom, bodily integrity, or human rights.

If You are a Victim of Sexual Misconduct and Wish to Obtain a Restraining Order but Your Relationship With the Perpetrator Does Not Fall Under the Prevention of Domestic Violence Act, You May Seek Protection under the Sexual Assault Survivor Protection Act

If you and the perpetrator of some type of sexual misconduct were never married, were never household members, do not have a child together, and were not in a dating relationship, you may not obtain a restraining order under the PDVA. However, you may obtain a protective order against the perpetrator, even if you had no relationship with that individual, under the Sexual Assault Survivor Protection Act (SASPA).

To obtain a final protective order under the SASPA, the court shall consider but not be limited to the following factors:

  • The occurrence of one or more acts of nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, against the alleged victim; and
  • The possibility of future risk to the safety or well-being of the alleged victim.

An attorney with the Middlesex County law firm Brause, Brause & Ventrice, L.L.C. can help you with the process to obtain a restraining order or a protective order.

Have You Been Wrongfully Accused of Domestic Violence or of Nonconsensual Misconduct?

In the wake of a bad breakup, ex boyfriends and ex girlfriends are capable of some truly reprehensible behavior, which may include filing false domestic violence charges, and even false charges of nonconsensual sexual misconduct. We have found creative ways to utilize emails, text messages, telephone messages, and even posts on social media such as Facebook to prove our clients’ innocence by using their ex’s communications to demonstrate their true improper motive for filing false charges.

Learn More From our Firm’s Middlesex County Domestic Violence, SASPA, and Restraining Order Attorneys

Brause, Brause & Ventrice, L.L.C. takes pride in its New Jersey roots, serving Middlesex County and the surrounding communities, including Metuchen, Woodbridge and East Brunswick. For a free initial consultation to discuss domestic violence restraining orders and protective orders under SASPA, call our firm at 732-767-0044 or contact us online today.

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