If you’re struggling with an abusive partner in Monmouth County, NJ, you aren’t alone. A Monmouth County domestic violence lawyer at The Law Office of Jennifer J. McCaskill, LLC is here to listen and advocate for you. Contact our law office at (732) 747-1882 for assistance.
Domestic violence is an unfortunately common occurrence, affecting millions of families every year. However, the safety and well-being of you and your family are of utmost importance, and help is available.
We can help you file for a restraining order, work out child custody issues, and/or navigate the divorce process. Our legal team can also assist if your partner or a third party has falsely accused you of domestic violence to gain leverage in a legal matter.
Our Monmouth County family lawyers offer a confidential free consultation to discuss what’s going on and evaluate the best course of action for your dispute.
How Can a Monmouth County Family Law Attorney Help With a Domestic Violence Case?
We recognize that family disputes can become heated and may involve sensitive topics. However, violence is never the answer, nor is falsely accusing a partner of abuse.
Below, we explain how our Monmouth County family attorneys can help if you find yourself in either of these unfortunate positions.
How We Can Help If You’re a Victim of Domestic Violence
Whether you’ve been abused for an extended period of time or in one isolated incident, violence is never acceptable. You have the right to feel safe and secure in your home, and there are steps you can take to protect yourself and your family.
If you hire our Monmouth County domestic violence attorneys for help getting out of an abusive relationship, we’ll:
- Listen to what you’ve been going through and identify your goals
- Explain your legal options for protection from your abusive partner
- Help you apply for a temporary restraining order (TRO) to prevent your partner from contacting you
- Gather evidence, help you prepare for a final restraining order (FRO) hearing, and represent you in court
- Help you file a police report if you want your partner to face potential criminal charges
- Work through other issues, such as matters involving your children, marriage, or finances
- Handle communications with your partner and their attorney on your behalf
- Represent you in all family court proceedings
We understand that it’s difficult to come forward if you’ve been a victim of abuse. That’s why our compassionate attorneys will listen to you and fight for an outcome that makes you feel comfortable and safe. We will never push you into something you don’t want to do. Call us today for a free consultation to discuss our legal services and how we can help.
How We Can Help If You’ve Been Falsely Accused of Domestic Violence
While our law firm takes domestic abuse allegations very seriously, we understand that some people face false accusations. If your partner has untruthfully accused you of abuse, it’s important to protect yourself and prevent further escalation or allegations.
If an FRO is issued against you due to domestic violence, you will face harsh penalties that impact various aspects of your life, including:
- Your name will be entered into a domestic violence central registry
- You may be forced to move out of your home
- Child custody and parenting time issues
- Professional licenses may be revoked
- Fines
- You may be ordered to attend a batterer’s intervention program, substance abuse counseling, or a psychological evaluation
- You’ll be prevented from possessing a firearm
Our family lawyers in Monmouth County will help prevent these and other negative consequences by:
- Hearing your side of the story and preparing a defense strategy
- Collecting exculpatory evidence, including witness statements and communications, to present at restraining order hearings
- Communicating with your partner or their attorney on your behalf
- Preparing you and any witnesses for hearings before the judge
- Representing you in all family court proceedings
Protect your reputation and rights by ceasing contact with the accuser and contacting our attorneys as soon as possible. We offer a free initial consultation, so call The Law Office of Jennifer J. McCaskill to learn more.
How Often Does Domestic Violence Occur?
A staggering ten million people in the U.S. are affected by domestic violence annually. And unfortunately, this number may be higher since many cases of abuse go unreported.
Domestic violence hotlines across the nation receive over 20,000 phone calls on a typical day. Even if victims reach out for help, only 34% seek medical attention for the injuries caused by intimate partner abuse.
The statistics for people affected by domestic abuse in New Jersey also paint a grim picture:
- 33% of women in New Jersey are involved in abusive relationships.
- 25% of men in NJ are involved in abusive relationships.
- 50% of trans or non-binary people in NJ are involved in abusive relationships.
- An estimated 30% of people in NJ have experienced stalking, violence, and/or rape by a partner.
According to the New Jersey State Police’s most recent Domestic Violence Offense Report, over 63,000 reports of domestic violence were reported to the police in 2020. A majority of the reported offenses were harassment (42%) and assault (41%). Sadly, children were present or involved in 24% of all domestic abuse incidents.
What Is Considered Domestic Violence in New Jersey?
Domestic violence in New Jersey includes acts committed against:
- A spouse or former spouse (if 18 years or older)
- A household member or former household member (if 18 years or older)
- A co-parent or future co-parent
- Someone the abuser has dated
Victims of domestic violence often experience a pattern of abuse that can be physical, verbal, sexual, emotional, or financial in nature.
New Jersey’s Prevention of Domestic Violence Act of 1991 contains certain criminal offenses that are considered acts of domestic violence, but other actions can also qualify.
Here are some forms of abuse that might be regarded as domestic violence in NJ:
Physical Abuse
- Assault
- Criminal restraint
- False imprisonment
- Punching
- Pushing
- Slapping
- Kicking
- Biting
- Spitting
- Strangulation
- Burning
- Throwing objects at a victim
Sexual Abuse
- Sexual assault
- Criminal sexual contact
- Rape
- Sexual degradation
- Other non-consensual sexual acts
Emotional Abuse and Verbal Abuse
- Stalking
- Criminal trespass
- Threats
- Harassment
- Cyber harassment
- Intimidation
- Isolation from family and friends
- Controlling a victim’s movements and who they speak to
- Constant accusations
- Threatening to take the victim’s children away
- Gaslighting and manipulation
- Harming pets
- Name-calling
- Extreme jealousy
- Destroying personal property
Financial Abuse/Financial Control
- Not allowing a victim to have or maintain their own bank account
- Forbidding a victim from working
- Controlling a victim’s spending
- Withholding funds
- Giving an allowance
- Hiding shared assets
Domestic violence often becomes more severe and frequent as time passes. Seek help if you’ve been victimized by a spouse or significant other.
How Can Domestic Violence Affect My Divorce Case in New Jersey?
Domestic violence can affect various aspects of a divorce case, including the distribution of assets and alimony.
In New Jersey divorce cases, the division of marital assets is based on what is reasonable and equitable, which doesn’t always mean it’s an even 50/50 split. When a judge decides how the property should be divided, they can consider multiple factors, including:
- The emotional and mental health of the parties
- Each party’s financial contribution to the marriage
- The standard of living during the marriage
- Each party’s earning capacity
These and other relevant considerations can be impacted by the presence of domestic violence in a relationship. For example, if your spouse prevented you from working or isolated you at home, the judge may award you a higher percentage of the marital property.
Additionally, domestic violence can affect the amount of spousal support or alimony the judge awards. Again, the court can consider various factors that could be affected by abuse, including:
- A spouse’s need for support
- The standard of living during the marriage
- Earning capacity
- Parental responsibilities
- The time and expense needed for education or training to find employment
Spouses who inflict abuse during the marriage are typically unable to receive financial support from the victim.
How Can Domestic Violence Impact Child Custody in New Jersey?
A parent who is granted a restraining order against an abusive spouse or partner typically receives primary custody of their child.
While courts encourage each parent to be part of their child’s life, judges can examine multiple factors to determine what’s in the best interest of the child, including:
- The history of domestic violence
- The child’s safety
- Each parent’s safety from physical abuse
- The child’s home environment
- Each parent’s fitness
Child support, visitation rights, and other matters pertaining to the parental relationship can be affected by allegations of domestic violence. For example, the abuser may only have supervised visitation rights.
Schedule a Free Case Evaluation With Our Monmouth County Domestic Violence Lawyers
If you’re dealing with a domestic violence matter in Monmouth County, NJ, you don’t have to face it alone. Contact The Law Office of Jennifer J. McCaskill to seek help from a skilled and experienced family law attorney.
We have over 20 years of experience to put behind your case, and we’ll offer honest, compassionate advice. Call our Monmouth County domestic violence attorneys today for a free, no-obligation consultation to discuss your case.
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Additional Resources
- Domestic Violence Direct Services – State of New Jersey DCF
- Domestic Violence FAQ – Monmouth County Prosecutor’s Office
- Monmouth County Domestic Abuse Resources
- Domestic Violence Program & Services
Courthouse and Family Therapists
- Red Bank Municipal Court – 90 Monmouth St # 1, Red Bank, NJ 07701
- Thriveworks Counseling & Psychiatry Red Bank – 65 Mechanic St #203, Red Bank, NJ 07701
- Stephanie Godwin Therapy LLC – 258 Broad St STE 4, Red Bank, NJ 07701
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.
Our divorce law firm in Monmouth County, NJ also provides:
- Monmouth County Divorce Lawyer
- Mediation Attorney in Monmouth County, NJ
- Monmouth County Child Relocation Lawyers
- Judgment Modifications Lawyer in Monmouth County, NJ
- Prenuptial Agreements Lawyers in Monmouth County, NJ
- Domestic Violence Attorneys in Monmouth County, NJ
- Monmouth County Modifications of Order Lawyer
- Division of Assets Attorney in Monmouth County, NJ
- High Asset Divorce Lawyer in Monmouth County, NJ
- Paternity Lawyer in Monmouth County, NJ
The Law Office of Jennifer J. McCaskill, LLC
157 Broad St Ste. 111 Red Bank, NJ 07701
(732) 747-1882
