[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/how-a-domestic-violence-charge-can-impact-your-divorce\/#BlogPosting","mainEntityOfPage":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/how-a-domestic-violence-charge-can-impact-your-divorce\/","headline":"Domestic Violence Charge Can Impact Your Divorce","name":"Domestic Violence Charge Can Impact Your Divorce","description":"It\u2019s easy to feel overwhelmed if you\u2019re going through a divorce and have a domestic violence charge hanging over your head. The stakes are high \u2013 a single misstep could have life-changing consequences for you and your family. But you\u2019re not in this alone. A New Jersey domestic violence divorce attorney can protect your rights […]","datePublished":"2023-07-05","dateModified":"2024-05-16","author":{"@type":"Person","@id":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/author\/newjerseycriminallawfirm\/#Person","name":"William Proetta Criminal Law","url":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/author\/newjerseycriminallawfirm\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/bf046e483cfd218aa23b814afd7f502ea8e6bd244632161b6e42395a76e91a8e?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/bf046e483cfd218aa23b814afd7f502ea8e6bd244632161b6e42395a76e91a8e?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"William Proetta Criminal Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/04\/william-proetta-criminal-law-logo.png","url":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/04\/william-proetta-criminal-law-logo.png","width":250,"height":76}},"image":{"@type":"ImageObject","@id":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2023\/07\/shutterstock_1195555699-1-scaled.jpg","url":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2023\/07\/shutterstock_1195555699-1-scaled.jpg","height":1707,"width":2560},"url":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/how-a-domestic-violence-charge-can-impact-your-divorce\/","about":["Criminal Defense","Criminal Process","Domestic Violence"],"wordCount":547,"articleBody":"It\u2019s easy to feel overwhelmed if you\u2019re going through a divorce and have a domestic violence charge hanging over your head. The stakes are high \u2013 a single misstep could have life-changing consequences for you and your family.But you\u2019re not in this alone. A New Jersey domestic violence divorce attorney can protect your rights and your future.This article discusses domestic violence charges in New Jersey, how these charges impact child custody and financial issues in a divorce, and how a criminal defense lawyer can help.Types of Domestic Violence Charges in New JerseyDomestic violence can encompass a variety of criminal offenses under New Jersey\u2019s Prevention of Domestic Violence Act. The law describes domestic violence as a pattern of physical, emotional, verbal, or sexual abuse and threats, intimidation, isolation, and financial control that often escalate over time.Under New Jersey law, the following criminal offenses are considered acts of domestic violence when committed against a protected person:HomicideCriminal sexual contactAssaultLewdnessTerroristic threatsRobberyStalkingCriminal mischiefKidnappingBurglaryCriminal restraintFalse imprisonmentContemptCriminal coercionHarassmentSexual assaultCyber-harassmentAny other crime involving risk of death or serious bodily injury to someone protected by the ActIndividuals protected under the Prevention of Domestic Violence Act in New Jersey include any person 18 or older or any emancipated minor who has experienced domestic violence from:A spouse or former spouseA present or former household memberA person with whom the victim shares or expects to share a childA person with whom the victim has had a dating relationshipPotential Impact of Domestic Violence on Child CustodyIn child custody proceedings in New Jersey, accusations or convictions of domestic violence could significantly affect a family court\u2019s decisions. This aligns with the state\u2019s legal obligation to prioritize the child’s best interests.Possible consequences of a domestic violence charge in a child custody case could include:Court-ordered investigations or custody evaluationsLimited visitation rights for the accused parentSupervised visitation requirements for the accused parentLoss of physical or legal custody of the childPotential Impact of Domestic Violence on Financial Issues in DivorceNew Jersey adheres to an equitable distribution law when dividing property in divorce cases, which means the court will divide the property fairly but not necessarily equally.The court will consider various factors when dividing marital property. While the court is not legally required to consider domestic violence, it is allowed to consider any factor the court deems relevant. Thus, domestic violence could affect the allocation of property and debts. Similarly, when making decisions about alimony, the court may consider any relevant factor, including domestic violence charges.If one spouse files a restraining order against another over domestic violence accusations, the court could issue additional orders that might affect the divorce, such as ordering the accused to pay child support or attend anger management classes.How Our New Jersey Domestic Violence Defense Lawyer Can HelpYou need effective legal representation and zealous advocacy if you’re facing domestic violence charges during divorce proceedings. At William Proetta Criminal Law, we have the experience and resources to fight domestic violence charges.Contact our New Jersey domestic violence defense lawyer now for a free and confidential case review."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Domestic Violence Charge Can Impact Your Divorce","item":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/how-a-domestic-violence-charge-can-impact-your-divorce\/#breadcrumbitem"}]}]