Morristown Domestic Violence Attorneys

Navigating the Nuances of Domestic Violence Charges in Morris County

Domestic violence matters demand immediate, decisive action to protect your safety and the well-being of your children. We understand that walking away from a volatile situation requires immense courage, and dealing with law enforcement or the legal system can often feel overwhelming during such a traumatic time. At Foster & Burke, we approach these sensitive cases with the urgency and empathy they require. We can guide you through the complex process of obtaining temporary and final restraining orders, prioritizing your and your family’s well-being while we navigate the necessary legal channels to establish lasting boundaries.

We also recognize that a false domestic violence allegation carries severe civil consequences for the accused, potentially stripping you of parenting time, access to your home, and your professional reputation. A final restraining order creates permanent restrictions that alter family dynamics forever. In these scenarios, our attorneys can aggressively defend your rights in these high-stakes proceedings, examining every piece of evidence to challenge false or exaggerated claims. 

Whether you seek protection or need to defend against an unfair accusation, we can tirelessly advocate specifically for a resolution that establishes stability for you and your family. We bring large-firm experience to our boutique family law practice and can provide truly personal, hands-on support every step of the way.  

Don’t wait to get legal advice in any situation involving domestic violence. We can meet with you virtually, so call (973) 381-2720 or contact us online to schedule a consultation with our Morristown domestic violence lawyers today.

How Domestic Violence Affects Child Custody & Divorce in New Jersey

A finding of domestic violence fundamentally shifts the legal analysis regarding what serves your children's best interests. If you are a victim of domestic violence, we can petition the court to immediately modify existing custody and parenting time orders to reflect the new reality of your family's safety needs. This often involves advocating for the suspension of overnight visits, requiring professional supervision during parenting time, or designating secure exchange locations to prevent further conflict. By integrating the protective terms of the restraining order into your broader family law matter, we can establish a long-term custody structure that prioritizes the physical and emotional well-being of you and your children.

Beyond child custody, domestic violence can impact spousal support and property division in a divorce. While courts generally divide assets based on what is "equitable," they may adjust financial awards if the abuse negatively impacted your economic standing. Additionally, if you successfully obtain a final restraining order, you can ask the court to have your spouse pay your legal fees related to that order. 

Furthermore, New Jersey law allows victims to file what is known as a "Tevis claim" directly within the divorce proceeding. This is a personal injury claim that allows you to sue your spouse for damages resulting from physical assault or intentional infliction of emotional distress. A successful Tevis claim can result in a separate monetary judgment against the abuser to cover medical bills, pain and suffering, and lost wages.

Conversely, false or exaggerated allegations of domestic violence are sometimes weaponized in high-conflict divorces to gain an upper hand in custody battles. In New Jersey, family courts take these allegations seriously, but they also penalize those who attempt to manipulate the system. We can help explore your options and enforce your rights in these difficult situations.