𝐖𝐢𝐥𝐥 𝐃𝐨𝐦𝐞𝐬𝐭𝐢𝐜 𝐕𝐢𝐨𝐥𝐞𝐧𝐜𝐞 𝐚𝐟𝐟𝐞𝐜𝐭 𝐭𝐡𝐞 𝐎𝐮𝐭𝐜𝐨𝐦𝐞 𝐨𝐟 𝐘𝐨𝐮𝐫 𝐃𝐢𝐯𝐨𝐫𝐜𝐞?
Domestic violence is a serious issue in New Jersey, and the matter is governed by the Prevention of Domestic Violence Act, which gives rights to victims. Such rights include seeking a restraining order against the abuser, as well as seeking a criminal complaint. Often, domestic violence is a trigger for divorce, but how will this issue impact the outcome of your divorce case?
The Effect of Restraining Orders
Victims of domestic violence often seek temporary restraining orders (TROs) or longer-term restraining orders. One condition of a TRO is that the domestic abuser and victim do not have contact with one another. This will make it impossible to engage in mediation or other settlement negotiations regarding your divorce case. All negotiations will need to go through your attorneys or the matters will need to be left to the court to decide.
If there is a TRO and domestic violence allegations against one parent, the court will certainly take this into consideration when making child custody determinations. If the children were also alleged victims of domestic violence, the court may award sole custody to the non-violent parent with limited visitation rights – if any – to the abusive parent. If the children were not involved in the domestic altercations, the court will need to make sure the non-violent parent is safe when it comes to custody arrangements, as well as taking into account the potential risk to the children.
Discuss Your Situation with a Morristown Divorce Lawyer Right Away
Domestic violence can impact a divorce case in many ways. If you are in this situation, you should have the right legal assistance to both stay safe and protect your rights in the divorce outcome. At Eveland & Foster, LLC, our divorce attorneys represent clients in all different situations. Call 973-285-3173 now.