Divorce creates many challenges, especially when domestic violence plays a role. Legal protections help you stay safe and ensure a fair process. Understanding these protections gives you confidence as you move forward.
Restraining orders and protective orders
If you feel unsafe, request a restraining order or protective order. These court orders prevent your spouse from contacting or approaching you. They also grant temporary custody of children and limit financial access. Violating these orders brings legal consequences for the abuser. Courts issue emergency protective orders quickly if you face immediate danger, providing fast protection until securing a longer-term order.
Custody and visitation restrictions
Family courts prioritize children’s safety in custody decisions. When domestic violence affects a case, courts restrict the abusive parent’s visitation rights. Supervised visitation or complete denial of custody ensures a child’s safety. In some cases, courts require parenting classes or counseling before allowing any visitation. Judges consider the emotional and psychological effects of domestic violence when making custody decisions.
Financial support and property protection
Domestic violence affects alimony and property division. Courts award spousal support to help survivors regain financial stability. If the abuser controlled finances, the court considers that when dividing assets. State programs offer emergency financial assistance. In some cases, survivors receive exclusive use of the marital home to prevent further harm.
Address confidentiality programs
New Jersey offers an address confidentiality program called the Address Confidentiality Program (ACP) to protect survivors’ locations. This program provides a substitute address for legal documents, helping prevent unwanted contact from an abuser. This service proves essential if you worry about being tracked or harassed.
Legal protections help you move forward safely. Knowing your rights allows you to make informed decisions during divorce proceedings.