Spousal abuse is an unfortunate and far-too-common problem in some homes.
Whether you or your children are suffering from emotional or physical
abuse, it’s pivotal you seek safety as soon as possible protect
yourself and your family from further harm as well as begin the divorce
and prosecution process. Domestic violence is a criminal offense in the
state of New Jersey, as well as grounds to file for divorce. But abusive
spouses may react negatively to the news that they are being divorced,
so you will want to make sure you seek safety through the legal system
before serving notice. Here’s how you can safely divorce an abusive spouse.
If you have been the victim of abuse, you should find a time in which you
can leave your home immediately and seek help from law enforcement or
a support center. Domestic violence care centers are fairly frequent and
odds are one is not far from you. It’s imperative you and your children
should get away from an abusive spouse as soon as possible.
This will involve leaving your home which can be a scary thought, particularly
since most of your possessions will still be there. Don’t worry
about these for now; your own safety is more important. Leaving your home
out of fear for your own safety does
not mean you give up your claim to it or your possessions inside. This will
be taken care of later. However, the court does require you have a good
reason for leaving, so only leave if you are being physically or emotionally
abused, otherwise consult with a legal professional to discuss your case
further before leaving.
File for a Restraining Order
New Jersey allows victims of abuse to file for temporary restraining orders
which can prevent an abusive spouse from coming within a certain distance
from them, contacting them (or their children), and in some cases even
force them to move out from the marital home. It’s crucial that
you seek this protection as soon as possible, because violating it can
result in even further legal action against your spouse and increase the
chances that your divorce will go in your favor. Be sure to discuss the
details of your case with your judge when obtaining this order so you
can be protected in the most adequate manner.
Speak With an Attorney
A skilled attorney can help you put the law on your side when dealing with
an abusive spouse and work with you to dissolve your marriage and help
you quickly move on with your life. A Hackensack divorce attorney from
Moskowitz Law Group, LLC can help you use the civil courts in New Jersey
to your advantage, and acting quickly can help you secure as many rights
as possible, including foregoing typical notice requirements while still
keeping possession of your valuable assets such as your home and your
car, plus child custody.
Because domestic violence is an extremely serious situation, the courts
do require considerable evidence when you file a claim. If you are not
familiar with the legal system, you may not be aware of what they need.
When you discuss your case with an attorney, they can help you present
your case adequately and give as much supporting evidence as possible
and maximize your chances of the best possible outcome.
Moskowitz Law Group, LLC, we understand the importance of immediate action in the event of domestic
violence cases. For this reason, we are dedicated to client service and
24/7 availability to help you. We understand the need for a powerful ally
when you don’t know where to turn, and our team will work quickly
to help you seek safety and maintain your rights throughout your divorce
process. With more than 50 years of combined experience, we have the knowledge
you need to help you through this difficult time.
Call Moskowitz Law Group, LLC for a free case evaluation if you or a loved
one have been suffering from domestic violence.