Defending against a domestic violence charge during a divorce

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The New Jersey Prevention of Domestic Violence Act was enacted to protect people from abusive spouses, partners and other household members. Generally, the domestic violence laws serve that very important purpose. All too often, however, false or meritless domestic violence allegations are made by one party in a divorce or custody action in an attempt to gain a legal or tactical advantage. Contrary to the common stereotype in domestic violence or spousal abuse cases, we find that the accused are just as likely to be female as male.

In the heat of an argument, one party may say or do something that the other party misinterprets or embellishes to fit within the definition of domestic violence, which includes non-physical crimes, such as harassment, stalking and terroristic threats. Once a domestic violence complaint is made, a private dispute typically becomes a police matter.

The police are very likely to arrest the accused offender, who will be barred from the family home by a Temporary Restraining Order (TRO) until the matter is reviewed by a family court judge. If the judge finds that domestic violence occurred, the court may enter a Final Restraining Order (FRO), which may permanently bar the offender from the home and prohibit or limit contact with the children. Unlike a criminal prosecution, domestic violence must only be proven by a "preponderance of the evidence" and not "beyond a reasonable doubt".

Additionally, domestic violence offenders are finger-printed, placed in a central statewide database of domestic violence offenders and may be denied certain employment, including teaching and childcare positions. Moreover, in addition to the Family Court case, the domestic violence complaint can result in the filing of a criminal charge against the accused that must be resolved in either state or municipal court. As such, a domestic violence arrest creates an urgent legal crisis.

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