The Far-Reaching Consequences of Domestic Violence in Divorce
In the Context of Divorce, Heightened Emotions May Lead to Charges for Domestic Violence and Restraining Orders, Which Can Have Serious Consequences.
The process of divorce can lead to heightened emotions that result in altercations, even if a couple has decided to split amicably. Domestic violence committed against a spouse can take many forms, including assault, criminal sexual contact, stalking, intimidation and threats, and emotional abuse, among many others. If you have been charged with domestic violence during or leading up to your divorce, you face an indictable felony that can have grave repercussions for your divorce outcomes. For this reason, it is essential that you avoid a domestic violence conviction or final restraining order (FRO) at all costs. Our team has represented divorcees whose criminal charges for domestic violence and pending restraining orders are threatening their long-term family and financial outcomes. Contact us today at (201)-330-4979 to receive a free and confidential consultation regarding your charge, and read on to learn more about how domestic violence charges can adversely impact your divorce.
Types of Restraining Orders in Divorce Proceedings in NJ
A spouse can seek a restraining order against a spouse in the case that they fear for their safety, initiating a divorce or during the course of it, depending on circumstances. In an effort to protect the accuser’s safety, they are usually issued a Temporary Restraining Order (TRO), which prohibits their spouse from being within a certain distance of them. Within ten days of a TRO filing, a final restraining order (FRO) hearing will take place to determine whether a FRO will be issued.
Domestic violence charges automatically are grounds for a temporary restraining order (TRO) to be filed. However, a restraining order can be sought for a reason that does not include a domestic violence offense. Restraining orders are civil matters handled in the Superior Court, while domestic violence offenses are criminal charges handled in criminal court. As such, both the civil and criminal charge can have hugely detrimental repercussions for your divorce.
Repercussions of Domestic Violence Charges on Divorce Issues
A domestic violence criminal charge has the potential to completely upend your divorce. First of all, if you have children, you could lose custody of them or have your legal and custodial rights as well as visitation severely restricted. This is because the court always upholds the best interests of the child as the central pillar of its considerations in custody matters, and a criminal domestic violence charge against the child’s parent, even if the child was not involved, will surely be taken into strict review as part of the custody determination process. While not a legal obligation, the Family Part Court will note domestic violence charges and certainly convictions when determining the equitable distribution of the spouses’ assets, as well as spousal support (alimony) payments.
Potential Ramifications of a Restraining Order on Divorce
Though a restraining order is a civil matter, it can still upend a divorce. The recipient of the restraining order may have to move out of their marital home during the divorce to maintain distance, and they may be required to financially support their spouse from afar. Depending on the circumstances surrounding the restraining order, they may lose the ability to see or spend time with their child. They also may have to spend loads of money hiring third parties to act as a go-between to conduct divorce negotiations on their behalf or handle childcare transitions between visitations.
The Mediation Role of Third Parties in Restraining Order Situations
If one spouse has filed a restraining order against the other, they will not be able to handle their divorce negotiations in person. A third party will have to be hired to communicate the restricted spouse’s position in the divorce settlement.
Consult With a Domestic Violence Defense Lawyer to Protect Your Rights And Navigate Through Restraining Orders and Potential Criminal Charges in Your Divorce Case in Bergen County NJ
If you are convicted of felony domestic violence in New Jersey, you face severe consequences, not the least of which is positive financial and custodial outcomes in your divorce. While there are no specific legal obligations of the Superior Court: Family Part to rule in a certain way given a domestic violence charge or conviction, it inevitably plays a huge role in the judge’s determination of what is ‘equitable’ financially and in the best interests of involved children. If you have been charged with domestic violence or if your partner has sought a restraining order against you, you need the immediate professional legal counsel of an experienced domestic violence defense attorney.
Our team is reputable for our success in divorce cases involving domestic violence charges in Lodi, Palisades Park, Ridgefield Park, Garfield, Hackensack, Fort Lee, Teaneck, Mahwah, Paramus, Elmwood Park, and many others in Bergen County and Northern New Jersey. Contact us today at (201)-330-4979 for a confidential no cost consultation, and let us get to work for you right away.
