It’s a new year, yet too many of our citizens must deal with a problem that never seems to go away – domestic violence. Recently enacted New Jersey laws will help victims obtain the legal relief they desperately need.

Coercive Control

“Coercive control” is domestic violence under New Jersey law. Courts must consider repeated coercive control events when issuing domestic violence restraining orders.

A restraining order is issued by a family court judge in domestic violence or stalking cases to keep the parties apart and prevent additional abusive behavior. They’re based on civil laws, albeit with a criminal law overlay. A judge could issue a no-contact order in a criminal case.  However, in civil domestic violence actions, obtaining a Final Restraining Order is the point of the matter.  It directs the aggressor to stay away from the victim upon penalty of contempt and even jail.

Healthline lists examples of coercive control, including:

• Isolating you or limiting your contact with your friends and family so you won’t receive the support you need
• Monitoring you throughout the day. Hidden cameras or microphones can surveil you in your home or through spyware loaded onto your smartphone
• Denying your autonomy and freedom by preventing you from working or attending school, restricting how you travel, stalking you, or taking away your phone
• “Gaslighting” you by insisting what’s false is true and forcing you to admit you’re wrong and they’re right. It’s a way to brainwash someone to convince them they’re in a world that doesn’t exist
• Name-calling, insults, and frequent criticisms will make you feel unimportant and unworthy
• Limiting your finances. Without access to money, you’ll have a tough time leaving a relationship. You may be placed on a strict budget, your access to bank accounts is limited, your partner hides assets and closely monitors what you spend
• Traditional gender roles are strongly enforced. Either sex could do this. If a man does it, he may insist his female partner stay at home, do all the domestic chores, and be responsible for all childcare
• Alienating your kids against you. They’ll tell them you’re a terrible, unloving parent and belittle you in front of them. They want to create a divide between you and your kids and make you feel powerless
• They’ll track and control how much you sleep, eat, or time you’re in the bathroom. They may control your medications and why and how often you get medical care
• They may control your sexual relationship, including what you do and how often you do it. They may force you to do things you’re not comfortable doing
• Your partner may threaten your pets or kids if you don’t comply with their demands
• It can be a type of domestic violence that happens between the incidents of more tangible physical, sexual, and emotional abuse.

The law closes a gap that was an issue for some victims if they sought restraining orders or went to court because it wasn’t considered domestic abuse. There was a gray area when it came up in legal proceedings. New Jersey law now has a broader definition of domestic violence, and it’s helpful for victims seeking child custody.

Closing the Stranger Loophole

New Jersey law makes it easier for abuse victims to obtain a restraining order against their aggressors. In the past, the victim had to prove some relationship with the aggressor before a Final Restraining Order would issue.

The law now includes stalking and cyber harassment in the list of when someone can obtain a restraining order. A relationship, or lack thereof, between the two is irrelevant. This is critical protection in an age when a stranger can stalk someone on social media or due to news coverage.

Contact Kingston Law Group for Help With Restraining Orders

For help with restraining orders, call us at 609-683-7400 to arrange a near-term reduced fee initial consultation. We will listen to your facts, discuss the law, and advise you of your options. We accept credit cards and offer appointments from 9 a.m. to 5:30 p.m., Monday through Friday. We also have pre-arranged evening appointments. Contact us today.  You will be glad you did!!