Despite decades of public awareness campaigns and millions of dollars in state-wide initiatives, domestic violence remains a major problem in New Jersey homes. The 2014 statistics related to New Jersey incidents of domestic violence show that our State has reached crisis levels, with 90,000 hotline calls and 14,000 victims and children provided essential services. On a national level, domestic violence costs the United States close to $6 billion every year.

Stop the violence

Statistics mean very little to those who have been trapped in abusive relationships, in which partners terrorize and humiliate other members of the household. The good news is that victims of domestic violence have rights, which include protecting themselves from further harm at the hands of abusers. The primary method to achieve this is a Temporary or Final Restraining Order, which makes it illegal for abusers to continue to harm, threaten, stalk, harass, or injure their victims.

Child custody and parenting time issues

Not only can victims of abuse press criminal charges and obtain orders of protection, but also domestic violence is an important factor that courts must consider in divorce proceedings and child custody hearings. New Jersey courts consider the best interest of the children in making custody determinations. A history of domestic violence or episodes in which the child’s physical or emotional safety is endangered, including a child’s witnessing of domestic violence episodes, will strongly influence judicial decision-making.

These issues will also weigh heavily with regard to parenting time decisions. In some cases, courts may impose supervised parenting time or even deny parenting time completely when abusive parents cannot be trusted to create and maintain a safe, harm-free environment.

No divorce mediation when there is a history of domestic violence

While mediation is strongly preferred in many divorces, alternative dispute methods are not typically permitted when spouses have been perpetrators of domestic violence. Abusers “tend to control and dominate their partners,” in the words of one court.  Therefore, a cooperative process built on trust and mutually agreeable outcomes mostly will not work in such cases.

New Jersey courts are experimenting with use of mediation to safely facilitate negotiations between partners who are currently under Domestic Violence restraints. The mediators will need to be carefully trained and very skillful to achieve safe and worthwhile results for parties in such cases.  It is unclear whether the pilot program will achieve those metrics.  Such mediations have been rare for so long because the consequences could be injurious or deadly to the abuse victims and their children.

Victims of domestic violence are entitled to legal protection, and they require caring legal advocates who can guide them through complex and emotionally challenging divorce and custody proceedings.  The lawyers and support staff in our office are well trained, consummate professionals.  We always put our clients’ interests at the forefront of legal decision-making.  Call or write to us if you feel that we could be helpful to you in your time of need.  We will be happy to help you.