Tag: Ocean County Domestic Violence Lawyer
Domestic Violence During Quarantine Attorney Brick and Sea Girt NJ
Living under the same roof as an abuser can be mentally, physically, emotionally exhausting, which can lead to dangerous situations.
Whether the abuse causes physical harm to the victim or is less overt, as, in the case of gaslighting and emotional manipulation, the sense of disempowerment and fear that it seeds in the recipient is traumatizing, taking steps to leave an abusive home is a courageous and also often dangerous process, as doubts around personal safety, financial security, and the wellbeing of your children arise to be considered.
Domestic violence is a more pervasive peril than one might think. The National Domestic Violence Hotline reports that nearly half of all men and women have experienced psychological aggression by their partner during their lifetime, and 29 percent of women and 10 percent of men have been victims of physical domestic abuse by their partner.
Steps to take when facing Domestic Violence During Quarantine
Getting out of a dangerous domestic abuse situation is imperative, though not easy. It causes stress, worry, and physical risk to even the most methodical person. In order to exit a dangerous relationship, make sure that you have considered and planned all aspects of the move strategically. Whether or not the threat of physical violence is present, plan your exit as though it is a separation to be carried out with the utmost care and protective secrecy.
Use the following considerations and resources to help you strategize the ins and outs of your transition out of an abusive home. Make sure that you have a plan and that during the development of your exit strategy, you take necessary measures to ensure that your abusive partner does not learn of the move. Even partners that have not been physically violent may turn to physical measures, attempting to force you to stay if they learn you are hiding the intent to empower yourself by leaving. Others may use emotional and mental manipulation tactics to threaten or convince you to stay.
- Formulate an Exit Plan with a Domestic Violence Hotline Counselor – Contacting a Domestic Violence Hotline is the first step.
- New Jersey Domestic Violence Hotline: 24/7
Their counselors are trained to inform you about what domestic violence is and how to safely and strategically exit an abusive situation. This strategy includes step-by-step actions to take, documents to gather, and allies with whom to be in contact before, during, and after the move. Domestic violence hotline counselors can provide you with the following information, among other resources:
- How to prepare your finances
- What to put in your travel bag
- Necessary documentation for you and your kids
- What numbers to have ready to dial in your cell phone
- Who to be in contact with during the process, and how to safely let them know your plans
- Where to go directly following your exit
Document abuse to Protect Your Rights
Carefully and completely, keep track of the date and form of abuse experienced. As it relates to physical abuse, take pictures to record injury. When the abuse is verbal, do your best to document quotes or even record. Keep this documentation in your hidden travel bag.
Only document – in pictures, for example – on devices that your partner cannot find and do not document if there is any possibility of your being caught. Do not put yourself at risk of discovery to get this evidence. This information would simply be used to build a case against your abuser, and it is not worth risking your physical safety to obtain it.
Have a Plan and Make sure your children are ready
Do not tell your children outright that you are planning for you all to leave the house. It is neither safe nor responsible to burden your children with this kind of a secret. Instead, make sure they are ready for an emergency by practicing their full name and address if they are young, and ensuring that children of all ages know what to do in the case of an emergency – where to go, who to call. Privately review emergency procedures with them.
Take the First Step and File a Temporary Restraining Order with a Brick Or Sea Girt Attorney Today
At Peter J. Bronzino Law Firm, our team of family law attorneys are skilled in serving our clients in Brick, Spring Lake, Asbury Park, and all of Eastern New Jersey. in all domestic abuse matters.
To schedule a confidential consultation with an experienced member of our firm today regarding your transition out of an abusive home, please contact us online or through our Brick offices at (732) 812-3102.
Attorneys Defend Those Falsely Accused of Domestic Violence in Ocean County NJ
Providing support and counsel necessary to those accused of Domestic Violence in Sea Girt, Brick, Wall, Seaside Heights, Toms River and across the Jersey Shore
For many years domestic violence and domestic violence allegations were not viewed or treated as seriously by the courts and law enforcement as they are today. However, the view of domestic abuse against a girlfriend, spouse, child, or anyone else has changed substantially as we now understand how destructive domestic violence and abuse overall can be both in the short and long term. This has caused the courts to err on the side of caution, and in most cases address an allegation of abuse or violence in the home very seriously. The consequences of a guilty verdict and terms of a Final Restraining Order can be quite severe and do not go away; they are enforced for the rest of your life.
If you have been unfairly accused of committing an act of domestic violence, your future is at stake. You need an experienced and capable lawyer able to protect your rights and prepare a solid defense. The skilled and experienced legal team at Bronzino Law Firm are ready to provide the counsel you need to navigate this difficult process and are prepared to be by your side every step of the way. Call us at (732) 812-3102 or fill out a contact form to schedule a free and confidential consultation.
Why people make false allegations of Domestic Violence
The reasons why someone may accuse an innocent person of domestic violence vary greatly. However, the truth is that falsely accusing someone of a crime is the result of gravely emotional and mental instability that may have been evident in some instances early on in a relationship, but become much more apparent and egregious once things start to fall apart in the home and the prospect or reality of divorce becomes too overwhelming to bare.
Some of the most common instances where we see false allegations made are:
- Attempt to gain child custody or more parenting time
- Attempting to gain a greater share of the property in a divorce settlement
- Revenge for some slight (real or imagined).
No matter the reason, none are acceptable, fair, just, and most of the time they are not legal. Be sure to attack this circumstance swiftly and aggressively with an attorney that you can trust. The consequences of a false conviction resulting in an FRO or Final Restraining Order can and will impact you for the rest of your life. These are not allegations to take lightly just because you know you are innocent.
Defending yourself against False Accusation of Domestic Violence
An effective defense against domestic violence actually begins before any accusations are made and hinges on knowing your partner. Signs of emotional instability and a vindictive personality are not always clear early on in a relationship, however they do tend to become more apparent as the relationship is tested and a prospective end is in sight.
If you feel that your relationship may be turning sour and your partner may accuse you of domestic violence you should:
Notify friends and family members about your concerns.
Keeping those close to you and your relationship informed of your accuser’s erratic and troublesome behaviors, as well as your fears of what they may do, may prepare your family for any false allegations and have them be more inclined to believe your side of the story as well as provide witnesses to help debunk any future accusations.
Change all login information that may be compromised.
This includes bank accounts, computers, laptops, vehicle entrance, hard drives, cell phones, and anything else you can think of that requires your password should be changed as soon as possible. Accusers have been known to send messages from the defendant’s cell phone and then later accuse them of sending threatening messages.
If an allegation has been made or you feel an accusation is imminent you should:
Consult a domestic violence defense attorney.
Even if you are not planning to hire an attorney, though it is recommended, they can give you invaluable information to help you better understand what your options are.
Gather evidence if you are being abused; in most circumstances that is the case.
There have been many cases where the person who is accused of committing domestic abuse is actually the victim of physical and/or emotional abuse. If this is the case, you need to gather as much evidence as you can without putting yourself in danger.
In truth, exposing false allegations of domestic violence is not easy. However, knowing your partner and predicting their actions may go a long way toward bringing the truth to light.
When a “not guilty” verdict still hurts in a Domestic Violence Case
Some might even argue that an underlying predisposition to believe all charges of domestic violence has caused many problems for those who have been and are being falsely accused of such a horrible act or pattern of behavior. When a person charged with domestic violence and is not guilty of their alleged crimes, it does not necessarily guarantee a fair, just, and accurate legal proceeding or verdict. Many unscrupulous spouses and girlfriends have used these allegations to gain an advantage in divorce or child custody court cases understanding full well the power that even an accusation can have.
If an individual is accused and they are lucky enough o prove their innocence through the court proceedings, the negative allegations can still impact their lives and in many cases it does. Sadly, even proof of innocence may not be enough to repair one’s life, reputation, and most importantly their relationship with their children once a person has been accused of these types of crimes.
Contact a Brick and Sea Girt NJ Restraining Order Lawyer
These situations can be very serious as a conviction for domestic violence can mean an unfair judgment of divorce, loss of child custody as well as loss of freedom. For these and many other reasons, if you or someone you know has been accused of domestic violence it is critical to contact an experienced and knowledgeable domestic violence attorney as soon as possible.
For a free initial consultation about your legal options for resolving a domestic violence charge, contact Peter Bronzino today. His experience is what you need during this time of frustration and confusion. Contact us online or call (732) 812-3102 for your free case evaluation with our domestic violence attorneys.
Criminal Mischief and Domestic Violence Attorneys Ocean County NJ
When people think of domestic violence, physical abuse often comes to mind. New Jersey courts have been giving the topic and concept of domestic violence the attention and respect it rightly deserves, particularly as it relates to actions that may occur in the home or between a couple that may not fall into the “cookie cutter” physical abuse that domestic violence often and unfortunately represents. Beyond the intoxicated husband striking his wife or the controlling lover that does not take the break up well, the courts have looked at and defined certain actions that are not as obviously criminal acts and determined that they could still be charged and prosecuted.
An individual could be committing domestic violence by abuse inflicted physically, emotionally, psychologically, and even by destroying property. New Jersey law addresses situations of the destruction of marital property for spite, in anger or for revenge under criminal mischief that falls under the Prevention of Domestic Violence Act.
The Bronzino Law Firm LLC has effectively used the law to represent and protect clients against domestic violence in many communities across New Jersey including Asbury Park, Neptune, Wall, Manasquan, Point Pleasant, Brick, Jackson, Sea Girt, and all of Monmouth County, Ocean County and across the Jersey Shore. Contact our Brick or Sea Girt offices today by calling 732-812-3102 for a free and confidential consultation regarding your situation.
Criminal Mischief and the Destruction of Marital Property Brick NJ
The destruction of a significant other’s property is addressed under New Jersey statute, N.J.S.A. 2C:17-3(a)(1), which states that an individual is guilty of criminal mischief if he or she “purposely or knowingly damages tangible property of another.” This can take the form of destruction of clothing or household items, vandalism of automobiles and even, in extreme cases, the burning of a marital home or other property. The destruction of shared property falls under the criminal mischief section of the Prevention of Domestic Violence Act.
Legal Precedent for Destruction of Marital Property being Criminal Mischief in NJ
The Appellate Division case H.C.F. v. J.T.B., (A-5618-14T3 (App. Div. Sept. 7, 2017), addressed a situation where a husband and wife, though separated, still resided together in separate rooms in a three bedroom marital home. The husband was accused of and admitted to damaging both the home as well as marital property that was in the possession of his wife. This included punching holes in a door, destruction of a doorframe and the damaging of stereo speakers. The husband claimed that because the property technically belonged to both of them that he was within his rights to do with these items as he pleased. The Appellate court did not agree.
The appellate court issued a restraining order on the grounds of criminal mischief. Despite both parties technically owning the house and the stereo equipment, the trial court noted that still did not give the husband the right to damage property in the house because both of the parties had an undivided interest in the home and the property.
The Appellate Division cited N.T.B. v. D.D.B., 442 N.J. Super. 205, 222 (App. Div. 2015), to support finding that damage to a spouse’s undivided interest in the home as a tenant by the husband constituted the predicated act of criminal mischief. In this case, the Appellate Division turned to the model jury charge for criminal mischief, which instructs trial judges, “where appropriate, to charge that property of another includes property partly owned by defendant in which any other person has an interest which defendant is not privileged to infringe.” Thus, the damaged property, despite being located in the marital home, were the “property of another” under the statute and found the husband’s conduct constituted criminal mischief and supported a finding of domestic violence.
Contact a Sea Girt Domestic Violence Attorney Today
The attorneys that make up the Bronzino Family Law Team understand the dangers that domestic violence represents and how easily an incident or series of incidents can escalate from what one might consider minor to a highly volatile and dangerous situation. Whether physical, verbal, emotional, or even through the damaging of mutual owned property; none of these acts should be taken lightly. Our experienced criminal law attorneys have the knowledge to help guide you if you have been the unfortunate victim of domestic violence or you are facing charges based on criminal mischief and/or the damaging of property. We are here to walk our clients through the often complicated legal process and provide client-centered counsel every step of the way.
If you or someone you know has had their marital property damaged or destroyed by an angry spouse please contact our Brick or Sea Girt offices today by calling 732-812-3102 for a free and confidential consultation.
Many victims of domestic violence and abuse fear that, should they file for divorce, they may only antagonize their abuser, and risk the safety of themselves and potentially their children. The good news is that New Jersey domestic violence laws provide many protections for victims of abuse, and there are a great deal of different resources available to parties seeking to separate themselves from abusive relationships.
Domestic Violence Ocean County Attorney
Domestic Violence can not only be physical abuse, but emotional and financial as well. The 1990 Prevention of Domestic Violence Act states that the following actions are considered to be a form of domestic violence:
- Terroristic Threats
- Criminal Restraint
- False Imprisonment
- Sexual Assault
- Criminal Sexual Conduct
- Criminal Mischief
- Criminal Trespass
It is important to remember that domestic violence can occur not only between spouses, but between former boyfriends or girlfriends, same-sex relationships, and members of your household. Domestic violence is a criminal offense, and New Jersey courts take extreme measures to protect victims who seek relief from future acts of abuse, and punish the perpetrators of domestic violence. If you are suffering from an abusive relationship, it is highly recommended that you contact an Ocean County domestic violence attorney to help you take the necessary legal steps to protecting your physical, emotional, and financial future and safety.
Divorcing an Abusive or Violent Spouse Safely in New Jersey
Victims of domestic violence often fear that by filing for a divorce, they risk antagonizing their abuser. While this may be true, there are a number of steps an abuse victim can take to protect both themselves and their children, and safely divorce in New Jersey.
The National Coalition Against Domestic Violence recommends that if you have time to plan ahead for your divorce, you take the following measures:
- Make a list of people you can contact for support and assistance
- Memorize phone numbers of people and organizations you can call in case of an emergency
- Establish a code word with your support network which will alert them of your need for assistance without alerting your abuser
Beyond taking these steps for protecting your safety, it is also prudent to plan for your divorce by gathering important documents and information such as:
- Birth certificates and social security cards
- Copies of leases, insurance policies, and deeds to assets
- Income documents like pay stubs and W-2’s
- Bank and Credit Card statements
In addition, you should gather any evidence you have of abuse such as photos, police records, and medical reports. Now that you have a safety network in place, and the necessary financial information to proceed with a divorce, you are ready to contact your Ocean County divorce attorney and begin the divorce process.
You should discuss the possibility of filing for a fault-based divorce with your attorney. While fault grounds do not impact your New Jersey divorce’s asset division agreement, proof of fault will most likely help you secure a much more favorable alimony settlement.
Restraining Order Attorneys Ocean County, NJ
The final, and possibly most effective protection a domestic violence victim has against their abuser is a restraining order. Temporary restraining orders are granted by simply alleging abuse, you and your Ocean County restraining order attorney will not have to provide evidence of abuse and domestic violence until the final restraining order hearing. This can allow you to obtain immediate and guaranteed relief from abuse without a time-consuming legal process.
When the victim of domestic violence files for divorce, it is highly recommended that you obtain a restraining order against the abuser. Restraining orders can vary greatly in the protections and limitations they provide, so it is important that you are honest with your Ocean County restraining order attorney as well as the judge in order to obtain the exact protections necessary in your case.
Contact an Ocean County Domestic Violence and Divorce Attorney Today
At Bronzino Law Firm, we have extensive experience helping clients across Point Pleasant, Toms River, Jackson, Howell, Brick, and the greater Ocean County area to safely and successfully obtain restraining orders against perpetrators of domestic violence, and finalize a favorable fault-based divorce settlement.
Our smaller size allows us to develop personal and attentive relationships with our clients while charging fair and reasonable rates for our services. By listening closely to your exact needs and concerns in any legal dispute, we believe we can provide the most effective and compassionate legal service possible.
To speak with our firm today in a free and confidential consultation regarding issues of domestic violence, obtaining a restraining order, or safely divorcing an abusive spouse, please contact us online, or through our Brick, NJ office at 732-812-3102.