The statistics on domestic violence are alarming. And, there is a great deal you should know about them. Especially if you are concerned that you are a victim. Domestic violence is not a matter that should be taken likely.
We will warn you that you may be disturbed by the attached audio clipping that appeared as part of a local news article. It was the third call to police made by a young woman regarding her live-in boyfriend. All were cries for help for domestic violence situations.
Three months after the young woman’s last call, her live-in boyfriend killed her. He then committed suicide. A sad story.
So, what should you know you about domestic violence?
- New Jersey’s Statistics on Domestic Violence
We mentioned that the statistics on domestic violence are alarming. The New Jersey State Police records statistical information. Here’s some information you may find of interest from their most recent report:
a) 64,556 domestic violence offenses were reported statewide
b) Domestic violence most frequently occurs on Sundays
c) For some reason, domestic violence happens more commonly between 8 pm- midnight
d) Children were involved or present in almost a third of domestic violence actions
e) Females were victims in 75% of cases involving domestic violence
f) Alcohol played a part in greater than 25% of domestic violence occurrences
g) More than 13% of domestic violence cases resulted in death
- Who Are Considered Domestic Violence Victims?
In our exemplary story, we mentioned that the couple were not married. Why was their disagreement was considered domestic violence? Let’s go over those who have rights under the Domestic Violence Act.
a) Anyone over age 18 or
b) Emancipated from their parents
c) Additionally, they must have been abused by one of the following:
i) A spouse
ii) A former spouse
iii) Someone with whom they were romantically involved
iv) Someone with whom they were expecting a child or shared parentage
v) Someone in their household
vi) A former member of their household
- What is Domestic Violence?
NJSA 2C:25-19 provides the fourteen items that constitute domestic violence. These aren’t matters that are taken lightly by the court. They are enumerated as followed:
(3) Terroristic threats
(5) Criminal restraint
(6) False imprisonment
(7) Sexual assault
(8) Criminal sexual contact
(10) Criminal mischief
(12) Criminal trespass
- When is it Necessary to get a Restraining Order?
In order to protect a victim from domestic violence from domestic violence, it may be necessary to request a restraining order. This starts off at the Municipal Court Level. The local police will most likely make the necessary assessments and approach the local judge. A temporary restraining order (TRO) will be issued. Eventually, the matter will be heard in family court where the decision to issue a final restraining order will be made.
The purpose of the restraining order is obvious. It is to ensure safety. No one wants to see harm added to an already heated situation.
- Are There Ever False Domestic Violence Complaints Filed?
In short, the answer is yes. Some attorneys will even encourage their clients to file false complaints to remove their spouses from the household.
At the Law Offices of Sam Stoia, we consider this dishonest. In fact, we even wrote an article about it a few months ago. Whether you are a victim of a false domestic violence claim or lost your temper, make sure you have experienced legal counsel.