Hackensack Domestic Violence Lawyer
Going the Extra Mile to Protect You
The outcome of your domestic violence case can have lasting effects on you and your family. That’s why it is important to hire an experienced attorney you can trust to aggressively fight for your rights. The Glen F. Haley Law Firm is passionate about family law and is ready to handle your domestic violence case in Hackensack, New Jersey.
Attorney Glen F. Haley, Esq. is committed to protecting your interests. Especially as this may be a difficult and emotional time for you, The Glen F. Haley Law Firm will treat you with the care and compassion you deserve to recover and protect yourself. We will do everything we can to secure a positive outcome while helping you through this trying time.
No one should go through a domestic violence case alone. Let The Glen F. Haley Law Firm see you through this emotionally-charged process so that you can move forward. Call (201) 801-4609 or contact us online today.
What Constitutes an Incident of Domestic Violence?
New Jersey law defines “domestic violence” as behavior that includes one or more of the following:
- terroristic threats;
- criminal restraint;
- false imprisonment;
- sexual assault;
- criminal sexual contact;
- criminal trespass;
- harassment; and
With that in mind, a victim of domestic violence is defined as:
- people who are dating when they’re subjected to abuse;
- people who have a child together when they’re abused;
- pregnant women who are abused; and
- any person who is age 18 or older or is an emancipated minor who has been subjected to any of the above acts of domestic abuse.
Victims of domestic violence can seek legal protection by going to court and requesting a domestic violence restraining order, which can prevent the alleged abuser from close contact, residing in the shared home, and relinquishing certain rights to visitation, among other terms.
Types of Protection Orders
Any person who is a victim of domestic violence may apply for a restraining order against their abuser, and these court-ordered protective orders will prohibit a named individual from getting within a certain distance of the filing individual for a specified period of time. New Jersey protective orders stay in effect until the next court hearing (such as a domestic violence arraignment), at which point the order may be made permanent if the court deems it necessary.
There are a few types of protective orders addressed under New Jersey law. One type of protective order prohibits contact between people, a common type of restraining order in domestic violence cases. Under a prohibiting contact order, an abusive spouse or former spouse may be ordered to stay away from the requesting spouse and/or their children, if child abuse was involved.
In some situations, certain contact may be necessary between an alleged abuser and a victim. So, the court may issue a protective order preventing the alleged abuser from visiting the victim’s home, school, or place of employment. This does not address contact in public spaces, but it will give the victim their privacy. If there is a strong history of violence between the abuser and the victim, especially if the abuser has threatened the victim’s life, the court may also issue a protection order prohibiting the abuser from possessing or owning a firearm.
Note that initial protective orders will last until the next court hearing. At the final court hearing, the protective order will be granted for as long as is necessary, in some cases even permanently.
Impact on Child Custody and Visitation
Any history or instance of domestic violence will impact an existing custody order and parenting time arrangement. When determining joint legal or physical custody, or when accepting a parent’s petition for modification of an existing order, a judge will consider numerous factors based on the child’s best interest. Particular attention will be paid to the presence of abuse or violence, including:
- the history of domestic violence;
- the safety of the child and the safety of either parent from physical abuse by the other parent;
- the stability of each parent’s home environment;
- the fitness of the parents;
- the parents’ ability to agree, communicate and cooperate in matters pertaining to their child.
Additionally, while every parent has a right to spend time with their child, it may not be in a child’s best interests to be exposed to a parent who has committed domestic violence, so the court may decide to limit parenting time by ordering supervised visitation or banning overnight visits. The court can also grant visitation with conditions (like supervision by a third party) or may even suspend or deny visitation entirely until the abusive parent has completed counseling or parenting classes.
An instance of domestic violence is grounds for modifying an existing order or significantly impacting an initial custody decision during a divorce proceeding, and an experienced attorney can help craft a strong case for such changes to a standing arrangement.
Seek an Experienced Advocate to Protect Your Family
You should not have to go through a domestic violence case alone, especially as you should be taking the time and space to heal physically, mentally, and emotionally. The Glen F. Haley Law Firm is committed to protecting our clients and their families, and you can trust that our firm will take you in compassionately and help you navigate the legal process following a domestic violence incident, from seeking a protection order to modifying an existing child custody arrangement.