Domestic Violence Attorney in East Orange, New Jersey

Domestic violence is one of the most emotionally charged and urgent issues that can arise during a divorce or family law case. In New Jersey, courts take allegations of domestic abuse very seriously, whether those claims involve physical violence, threats, emotional abuse, or controlling behavior.

A domestic violence allegation can affect child custody, restraining orders, spousal support, and the overall outcome of a divorce, so it's important to understand what your options are under New Jersey law.

Working with a domestic violence attorney in East Orange, New Jersey, can help you move forward with a strong strategy. Contact the Law Office of Angus U Ejiofor, LLC to set up a time to discuss your case with a knowledgeable family law and criminal defense lawyer.

What Qualifies as Domestic Violence in New Jersey?

In New Jersey, domestic violence isn’t limited to physical harm. The Prevention of Domestic Violence Act (PDVA) defines it as a pattern of abusive behavior used to control or dominate another person in a close relationship. Victims can include current or former spouses, household members, romantic partners, or individuals who share a child.

The law lists specific criminal offenses that qualify as domestic violence. These offenses go beyond physical abuse and cover many forms of intimidation and harassment. Some of the most common domestic violence offenses include:

• Physical assault: Hitting, punching, slapping, or other forms of physical harm

• Harassment: Repeated calls, messages, or visits meant to alarm or bother

• Terroristic threats: Threatening to hurt or kill someone with the intent to scare them

• Stalking: Repeatedly following or monitoring someone in a threatening way

• Criminal restraint: Preventing someone from leaving a location against their will

• Sexual assault: Non-consensual sexual contact or behavior

• False imprisonment: Restricting someone's movement or holding them against their will

• Cyber harassment: Sending threatening or abusive messages online or through electronic means

These offenses can occur once or repeatedly over time. The key factor is whether the behavior creates a climate of fear or intimidation for the victim.

How Domestic Violence Impacts Divorce Proceedings

Domestic violence allegations can shift the direction of a divorce case very quickly. When safety becomes an issue, courts often take emergency actions to protect the victim and any children involved. Here’s how domestic violence may affect a divorce in New Jersey:

• Temporary restraining orders (TROs): A judge may issue a TRO that limits contact between the parties and grants temporary custody or exclusive use of the home

• Final restraining orders (FROs): If the judge finds evidence of abuse, an FRO may be issued permanently, with lasting effects on custody, visitation, and gun rights

• Custody and parenting time: Courts may limit or supervise visitation if one parent poses a risk to the child or the other parent

• Spousal support considerations: Domestic violence can influence whether spousal support is granted or denied, especially if financial control was used as abuse

• Division of assets: If one spouse used violence to control financial resources, it may influence how assets are divided

The presence of domestic violence shifts the court's focus to the safety and well-being of those involved, especially children. A history of abuse can weigh heavily in custody decisions, and judges often act quickly when immediate protection is needed.

Seeking Protection Through a Restraining Order

If you’re experiencing abuse, the first step in protecting yourself and your children may be filing for a restraining order with the help of a domestic violence attorney. This is a two-step process that typically begins with a Temporary Restraining Order (TRO). A TRO can include terms like no contact, temporary custody, and removal of the abuser from the home.

Within a few days, the court will hold a hearing to determine whether a Final Restraining Order (FRO) should be granted. An FRO can last indefinitely and often includes broader protections. Key protections available through a restraining order include:

• No-contact provisions: Prohibits all direct and indirect contact with the victim

• Custody and parenting time orders: Grants temporary or permanent custody of children to the victim

• Financial protections: May order temporary financial support or prevent the accused from accessing joint funds

• Exclusive possession of the home: May allow the victim to remain in the family home while the accused is removed

• Firearm forfeiture: The accused must surrender any firearms and may be barred from owning them in the future

A restraining order isn’t automatic — it requires showing that a predicate act of domestic violence occurred and that the victim remains at risk. Working with a domestic violence attorney during this process can help make your case clearer and more effective.

Defending Against False Allegations

Not every accusation is based in fact, and unfortunately, false claims of domestic violence do occur — sometimes to gain an advantage in custody disputes or to control the narrative during a divorce. Being falsely accused can have serious and immediate consequences, including removal from your home, loss of parenting time, and damage to your reputation.

If you’ve been accused of domestic violence, it’s critical to respond quickly and strategically. A strong legal defense provided by a domestic violence attorney can help protect your rights and challenge the accusations in court. Here are some steps to take when facing a false accusation:

• Avoid direct contact with the accuser: This prevents further allegations and strengthens your legal position

• Gather evidence: Collect texts, emails, photos, or witness statements that support your version of events

• Prepare for the hearing: Present a clear, respectful, and organized case at the restraining order hearing

• Follow the court's instructions: Even if you believe the accusation is false, violating a restraining order can lead to criminal charges

• Hire an experienced attorney: Legal representation can help expose inconsistencies and challenge unreliable evidence

False allegations don’t just threaten your legal rights — they can also deeply impact your emotional health and family dynamics. Taking a calm, professional approach with a domestic violence attorney is your best way forward.

How Domestic Violence Affects Child Custody Cases

When children are involved, courts in New Jersey place a high priority on their safety and well-being. A history or allegation of domestic violence will be a central factor in determining custody and parenting time. Judges are required to consider whether a parent has committed acts of abuse and whether those actions may affect the child.

If the court believes that a parent poses a threat to a child or the other parent, it may restrict or deny parenting time. In some cases, supervised visitation or therapeutic visitation may be ordered. Here are some ways domestic violence affects custody decisions:

• Loss of joint custody rights: The abusive parent may not be allowed shared decision-making responsibilities

• Supervised visitation: Visitation may be allowed only under professional supervision

• No visitation: In extreme cases, the court may deny any contact between the abusive parent and the child

• Mandatory counseling or programs: The court may require the abusive parent to complete anger management or parenting programs before granting visitation

• Impact on child support and relocation decisions: A parent’s violent history may affect whether they’re allowed to move with the child or how financial support is structured

Custody orders shaped by domestic violence concerns aren’t always permanent. Courts may review them over time, especially if a parent shows a sincere effort to change. But when the child’s safety is at risk, courts act quickly to limit exposure to harm.

Domestic Violence and Spousal Support

Spousal support—or alimony—is another area where domestic violence can play a major role. In New Jersey, judges consider multiple factors when awarding support, including the history of abuse between the parties. This can mean that a victim receives additional support or that a perpetrator is denied support.

While alimony isn’t always granted, domestic violence often shifts the balance in the decision-making process. Here’s how domestic violence may influence spousal support:

• Favoring the victim: The abused spouse may be awarded more support, especially if the abuse affected their ability to work or maintain independence

• Denying the abuser: Courts may deny spousal support to someone found guilty of abusing their partner

• Emotional and financial abuse: Controlling access to money or employment opportunities may lead to higher support awards for the victim

• Impact on duration: Abuse may affect how long spousal support is awarded, especially if the victim needs more time to regain stability

If you're divorcing after a relationship that involved abuse, alimony decisions can be especially emotional. A domestic violence attorney can help argue for fair financial support that reflects the reality of what you’ve endured.