New Jersey Family Lawyers Bring or Defend Against Domestic Violence Charges

Understanding the effects of criminal charges on family law cases

Allegations of domestic violence can have significant ramifications in a divorce or family law matter. Whether you are making or defending against a charge of domestic violence, the skilled attorneys at Miller, Meyerson & Corbo in Jersey City can help ensure that you and your family are safe and that your rights are protected.

Domestic violence is a crime in New Jersey, defined as the commission of one of 19 specified offenses against a person in the family or household of the accused perpetrator, including a current or former paramour. These offenses include homicide, assault, threats, kidnapping, restraint, sexual assault, stalking and even cybercrimes. Reports of domestic violence usually result in courts issuing restraining orders, which can have a profound impact on parental relationships and rights. These orders place limits on contacting the alleged victim, in-person, thorough the phone or online.

Our dedicated attorneys seek protection for clients who are victims of domestic violence and also defend spouses who have been unjustly targeted for restraints. This includes representing parties at hearings on imposition of final restraining orders as well as defending clients in criminal court.

Attorneys experienced in how domestic violence charges factor into custody

Domestic violence charges can serve to uneven the playing field in divorce cases. The Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-29(b)(11), creates a presumption of custody in favor of the parent who is the alleged victim. This also can also affect the award of child support, which is largely based on which parent has primary custody.

The presumption is temporary, however, and subject to rebuttal. Appeals courts have ruled that the custody presumption applies only in the domestic violence proceedings and that the best interests of the child should control when a family court considers child custody later on. Although a domestic violence allegation or conviction is still a factor to be weighed, it is not in itself determinative of custody.

Whichever spouse we represent in child custody proceedings, we understand how a related domestic violence case can affect a court’s decision and know how best to advocate for our client’s rights.

Contact an attorney experienced in New Jersey domestic violence cases

At Miller, Meyerson & Corbo, our team of aggressive trial lawyers makes it a priority to secure your safety and parental rights. Whether you are a victim of domestic violence or are accused of such conduct, we can assess your case quickly and reliably and provide support to you during this trying time. To schedule a consultation in Jersey City, New Jersey, call 201-333-9000 or contact us online.