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Domestic Violence In A Divorce

On Behalf of | Jan 30, 2020 | Family Law |

Our Monmouth County divorce and family law attorneys defend your rights when domestic violence is an issue in your divorce case.

All married couples have arguments from time to time. Domestic violence rises to an entirely different level. Separating from your spouse and getting the proper legal documents in place is often necessary to ensure your safety. As experienced Monmouth County divorce and family law attorneys, we are dedicated to defending your rights in these types of cases. The following details how domestic violence and abuse are likely to impact your divorce proceedings.

Is Domestic Violence an Issue in Your Marriage?

Domestic violence refers to any type of abuse that occurs between spouses, domestic partners, or other family members living in the same household. According to statistics from the New Jersey State Police, close to 2,000 people are arrested on these charges each year. Thousands of other cases are likely never reported to the police.

Abuse may consist of hitting, punching, pushing or other aggressive acts. Domestic violence can also involve sexual harassment or assault and emotional abuse, such as constant criticism and put-downs. Other common forms of abusive behavior include:

  • Stalking and monitoring the victim’s communications;
  • Keeping them from visiting family or friends;
  • Damaging personal property;
  • Withholding money or access to financial accounts;
  • Forbidding a partner from leaving the house;
  • Making threats, either against you, your loved ones, or pets.

Under Section 2A:34-2 of the New Jersey Statutes, domestic violence is grounds for obtaining a divorce and can have a major impact on your rights in any resulting settlement made.

Domestic Violence and Divorce in New Jersey

If you are experiencing domestic violence in your relationship, filing for a divorce may be your only option. Filing a complaint and getting a restraining order put in place is often the first step in this process. This can help ensure your immediate safety while giving you temporary rights to remain in the family home while prohibiting the abuser from contacting you or your children.

Once your divorce is filed, domestic violence grounds will impact other areas of your case. These include:

  • Marital property division: You may be entitled to a greater portion of any marital property and assets you and your spouse possess;
  • Spousal support and maintenance: Depending on the situation, you may be entitled to spousal support or alimony payments;
  • Child custody and support: You may be granted sole custody of any children from the marriage as well as child support while your spouse is limited to supervised visitation.

These benefits are designed to help you rebuild your life in the aftermath of domestic violence. The judge may also order your spouse to attend counseling or treatment programs and to submit to court monitoring of their progress.

Our Monmouth County, NJ Divorce and Family Law Attorneys are Here to Help

At Lomurro Law, we provide the compassionate client service and professional legal representation needed to protect you against domestic violence. To schedule a confidential consultation about your case, contact our Monmouth County, NJ divorce and family law attorneys today.