First of all, we want to start this blog by saying that we wholeheartedly believe you when you express that you experienced an environment of extreme cruelty when sharing a household with your spouse. Further, we are deeply sorry to hear that this is what you have been struggling with. Now, we want to make it our duty to advise you on whether you can categorize this extreme cruelty as a form of domestic violence. This is because the term “domestic violence” carries extreme weight and serious repercussions. So, with all these things considered, please follow along to find out whether to proceed forward with claiming domestic violence against your spouse and how a proficient Morristown domestic violence lawyer at Graves Andrews, LLC can help you take steps in the right direction.
Can I effectively accuse my spouse of domestic violence?
It is worth mentioning that, if it is later discovered that you made a false claim of domestic violence in a police report, you may be up against a crime of the fourth degree in the state of New Jersey. This may entail a prison sentence of up to 18 months and fees associated with the conducted investigation. This is why we cannot stress enough the importance of making a legitimate claim and having the necessary evidence to back it up. This starts with understanding the definition of domestic violence under New Jersey law, which is a pattern of physical, emotional, verbal, and sexual abuse, which may include, but may not be limited to, threats, intimidation, isolation, and financial control. With that being said, below are more specific examples of incidents in which you may effectively claim domestic violence:
- Your spouse intentionally or recklessly caused bodily injury to you.
- Your spouse may regularly make put-down remarks, offensive comments, or name-calling to you.
- Your spouse may threaten to take your or your loved ones’ lives to cause extreme fear and get their way.
- Your spouse may forcefully control your household finances or limit the necessary items in your house (i.e., food and water).
- Your spouse may wrongfully coerce you into an act of a sexual nature that you did not consent to or were not in a position to answer to.
What happens after I make a claim against my spouse?
Once you confirm that your spouse has indeed made you the victim of domestic violence, you should seek immediate civil and criminal relief. For one, you may petition your local family court or local police department for a temporary restraining order. This way, your spouse may be ordered to vacate your shared house, stay a specified proximity away from your house and workplace, etc. This is until you may fight for a final restraining order in a litigated civil case.
Secondly, you may file a criminal complaint with the local criminal court where you reside, where your spouse temporarily resides, where you are temporarily being sheltered, or where the incident of domestic violence occurred. If you successfully prove your case against your spouse, they may be up against the following criminal consequences:
- Fourth-degree offense: up to 18 months of imprisonment.
- Third-degree offense: three to five years of imprisonment.
- Second-degree offense: five to 10 years of imprisonment.
- First-degree offense: 10 to 20 years of imprisonment.
To better understand your legal rights in the matter at hand, please seek the advisement of a sound and talented Morristown family law attorney. Please feel confident in knowing that our team at Graves Andrews, LLC has significant experience in handling legal cases just like yours. So call us today.
