Domestic violence is an issue that impacts thousands of lives throughout the nation and right here in New Jersey. Fortunately, the protections against domestic violence are growing, especially since coercive control was added to the definition of domestic violence. Victims of emotional abuse now have the same rights as those experiencing physical abuse and increased protection. Let us review the legal rights of victims of coercive control in New Jersey today.
Key Takeaways
- New Jersey now recognizes coercive control as a form of domestic violence, offering victims legal protections similar to those facing physical abuse.
- Victims can obtain restraining orders, request emergency services, police protection, and seek custody and financial support.
- Victims must have a specific relationship with the abuser, such as a spouse or partner, to qualify under NJ law.
- Legal counsel is essential for securing protection and enforcing rights under NJ’s domestic violence laws.
What is Coercive Control?
Coercive control is not just a single action but a pattern of behaviors that abusers use to manipulate and dominate their victim. These behaviors are far more subtle than physical violence, as they use emotional and psychological hurt instead. Tactics of coercive control include isolating the victims from their support circles, monitoring their movements, threatening and intimidating victims in a variety of ways, humiliating them, controlling their finances, and damaging their health.
The end goal of coercive control is to strip a person of his or her agency and freedom until the victim can no longer leave the abuser.
What are the Rights of a Domestic Violence Victim Under NJ Law?
What are the Rights of a Domestic Violence Victim Under NJ Law?
In New Jersey, domestic violence victims are granted specific rights under the Prevention of Domestic Violence Act (PDVA) to protect them from further harm and ensure they receive the support they need. Here are the key rights of a domestic violence victim under NJ law:
- You can obtain a restraining order, both a Temporary Restraining Order (TRO) and Final Restraining Order (FRO), depending on your case.
- Victims have the right to request emergency shelter, medical treatment, and other crisis services.
- You have the right to police protection.
- Victims also have the right to file complaints against their abuser.
- In cases involving children, you have the right to seek temporary custody and to ask for financial support, especially if your financial stability relied on your abuser.
- You may also be eligible for compensation for expenses related to the abuse.
- You have the right to court-ordered protections and legal representation.
Who is Considered a Victim of Coercive Control?
Anyone who is a victim of emotional, psychological, verbal, financial, physical, or sexual abuse may be considered a victim under NJ law. The New Jersey Prevention of Domestic Violence Act generally determines the eligibility of a victim by the relationship between the abuser and the victim. Former or current spouses, dating partners, parents (biological or adoptive), and household members are generally accepted. However, there are some instances where stalkers and cyber-bullies are also included as abusers under the Prevention of Domestic Violence Act.
To establish you are a victim of domestic violence, you must provide evidence that you have a relationship with the individual and will also need to show proof of a criminal act. There are over a dozen different acts and behaviors listed within the definition of domestic violence, including coercive control.
What Can a Victim of Domestic Violence Do?
Victims of domestic violence—coercive control included—have certain rights, as mentioned above. You can contact law enforcement or an attorney or the National Domestic Violence Hotline for assistance. Furthermore, you can file for a restraining order if you feel that you or your children are endangered.
Let us look at two methods for reporting the issues:
Reporting Abuse
The first thing to do when you are a victim of domestic violence is to call the local authorities. Law enforcement can help you. In fact, within official policing guidelines, officers are asked to err on the side of the victim of domestic violence. If there are any visible signs of injury or harm, or if the victim reports any physical abuse, the police often place the alleged abuser under arrest immediately. The same is true for those who violate restraining orders.
As a victim, you also have two options for filing a complaint about domestic violence. One is a criminal complaint that is used when the accused is facing criminal charges and consequences. The second option is a civil domestic violence complaint that aims to provide the victim with relief. In both cases, the accused is held accountable for his or her actions.
Obtain a Restraining Order
In New Jersey, a Temporary Restraining Order may be arranged quickly, particularly in cases where the victim is in immediate danger. That said, the issuance of a TRO often happens after a domestic violence complaint has been successfully filed. Within 10 days of the issued TRO, the victim and defendant will receive notification of the Final Restraining Order hearing. You will need to go to the Family Division of the Superior Court of New Jersey for the case. There, a judge will hear about your case, including evidence and witness statements, to determine whether the restraining order should be made permanent.
Speak to a New Jersey Domestic Violence Lawyer Today to Learn More
Understanding your legal rights as a victim of coercive control is crucial to reclaiming your autonomy and ensuring your safety. New Jersey’s expanded definition of domestic violence to include coercive control offers victims the protections they need to break free from abusive relationships. Whether it is obtaining a restraining order, seeking police protection, or filing a complaint, there are steps you can take to protect yourself and your loved ones.
If you or someone you know is experiencing coercive control or any form of domestic violence, it is essential to act quickly. Contact Ziegler Law Group, LLC today at 973-533-1100 for a confidential consultation. Our experienced attorneys are here to provide the guidance and support you need to navigate the legal process and secure the protections you deserve. Take the first step toward reclaiming your life—reach out to us now.
