Domestic Violence

Divorce is already an emotionally and legally complex process, but when domestic violence is involved, it becomes even more challenging. At Sanvenero & Cittadino Attorneys at Law, we understand the serious nature of domestic violence in the context of divorce and family law. Our experienced New Jersey domestic violence lawyers are committed to protecting your rights, securing your safety, and helping you navigate the legal system to achieve a favorable outcome.

If you or your children are in danger, seeking immediate legal intervention is crucial. Our firm can help you obtain a restraining order, secure custody arrangements that prioritize your safety, and ensure that the division of assets and support considerations reflect the circumstances of your case.

How Does Domestic Violence Affect Divorce in New Jersey?

Domestic violence can significantly impact several aspects of a divorce, including child custody, spousal support, and property division. In New Jersey, domestic violence is taken very seriously, and courts prioritize the safety of victims and their children. Some of the key ways domestic violence can affect divorce proceedings include:

• Grounds for Divorce: New Jersey allows for both fault-based and no-fault divorces. Domestic violence can be cited as a fault-based ground under extreme cruelty, which may influence decisions related to alimony, custody, and other legal matters.

• Restraining Orders and Protection Orders: Victims of domestic violence can file for a Temporary Restraining Order (TRO) to protect themselves and their children from further harm. If necessary, this can be converted into a Final Restraining Order (FRO) after a court hearing. A restraining order can affect child custody and limit the abuser’s access to the family home.

• Child Custody and Visitation: Courts prioritize the best interests of the child when determining custody arrangements. If domestic violence has occurred, the abusive parent may be denied custody or granted only supervised visitation. In extreme cases, parental rights may be terminated if the court deems the parent a danger to the child.

• Spousal and Child Support Considerations: While New Jersey courts do not automatically award more spousal support due to domestic violence, they may take the abuse into account when determining alimony, especially if the victim’s ability to work has been affected. Additionally, child support calculations may be influenced if one parent has been financially controlling or abusive.

• Division of Marital Assets: New Jersey follows equitable distribution, meaning assets are divided fairly but not necessarily equally. If domestic violence has had a financial impact—such as preventing a spouse from working or causing financial hardship—the court may consider these factors when dividing marital property.

Filing for Divorce When Domestic Violence Is Involved

Filing for divorce when domestic violence is present requires careful planning and legal support to ensure your safety and protect your rights. Our lawyers can guide you through the following steps:

• Securing a Restraining Order: If you are in immediate danger, obtaining a restraining order can provide legal protection from further abuse.
• Gathering Evidence: Documentation such as police reports, medical records, witness statements, and text messages can support your claims in court.
• Filing for Divorce: Depending on your circumstances, we can file for divorce based on extreme cruelty or opt for a no-fault divorce if that is in your best interest.
• Child Custody and Support Arrangements: We work to ensure that your children are protected and that custody arrangements reflect the best interests of your family.
• Financial Protections: If your spouse has controlled finances, we will seek appropriate alimony and child support to help you regain independence.

Why Choose Sanvenero & Cittadino Attorneys at Law?

At Sanvenero & Cittadino Attorneys at Law, we understand the deep impact domestic violence can have on divorce proceedings. Whether you are a victim seeking protection or facing allegations of domestic violence, our firm is here to advocate for you. We provide:

• Experienced Legal Counsel: Our lawyers have extensive experience handling complex divorce cases involving domestic violence.
• Compassionate Representation: We prioritize your safety and well-being while aggressively protecting your legal rights.
• Strategic Legal Solutions: Each case is unique, and we develop personalized strategies to achieve the best possible outcome.

Contact Our New Jersey Domestic Violence Lawyers at Sanvenero & Cittadino Attorneys at Law Today

If domestic violence is a factor in your divorce, do not navigate the legal process alone. Our New Jersey domestic violence lawyers at Sanvenero & Cittadino Attorneys at Law are committed to protecting your rights and helping you move forward safely and confidently. Call 732-743-9665 or contact us online for a free consultation. Located in Red Bank, New Jersey, we serve clients in Monmouth County, Middlesex County, and Ocean County.