Your Legal Corner: The Domestic Violence act

Victoria M. Dalton

Today Your Legal Corner will provide information on the Domestic Violence Act.

Currently, much attention is given to predicting what the weather will be in the future. Sometimes the weather forecasters get it right and sometimes they are dead wrong.

Either way, when we go outside, it is evident what the weather is at a particular time.

Likewise, when you think about it, we cannot predict with sound accuracy the outcome of a relationship. Rather, it is the day in and day out interactions with a person that form our opinions.

Familiarity with the Domestic Violence Act will help in identifying the signs of such a relationship. Further, with the aide of counsel, you should be able to determine if you are afforded legal protections under the act.

The Domestic Violence Act provides protection for each of the following acts: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment and stalking.

In addition, one must also meet the description of a victim to be protected under the act. A victim of domestic violence is defined as a person 18 years of age or older, or an emancipated minor, where there has been domestic violence acts made by a present or former household member, a spouse, or a former spouse.

A minor is emancipated, when married, or has a child, or is pregnant, or has entered the military, or has been declared emancipated by a court of law, or an administrative agency. Also covered under the act is any person regardless of age, who has been subject to domestic violence by a person with whom they have a child in common or anticipate having a child in common. Dating relationships are covered under the act, as well.

The act was written in order to protect our most vulnerable victims. Still, we recognize a large percentage of victims choose to remain within the relationship rather than leave.

Why? The most common reason is a lack of support, financial and emotional. The majority of domestic violence victims are emotionally isolated as well as financially dependent on the abuser. It is difficult and dangerous for them to take the first step because of the uncertainty of the outcome.

Just because one receives an initial temporary restraining order, it does not mean after the hearing, the court will grant a final restraining order. Despite the risk, leaving a domestic violence relationship is safer than staying. Domestic violence incidents do not diminish with time. Rather, with time, the incidents may increase in frequency and severity.

To find supplementary domestic violence support, contact the national hotline at 1- 800-799-7233. The National Hotline can provide the available local programs within your area or another area should a victim require discretion.

In Gloucester County, SERV is the domestic violence service agency and their number is 856-881-3335. For Salem County domestic violence information, contact Salem County Women's Services at 856-935-6655.

Report acts of domestic violence by calling 911.

Till next week, God bless, keep smiling and remember who's in Your Legal Corner when YLC will discuss "Domestic Violence and Dating."

Victoria M. Dalton is a dedicated Family/Elder Law Attorney with the Law Offices of Hoffman Dimuzio. Call 856-845-8243 for further information. Email correspondence to vdalton@hoffmandimuzio.com or see www.ylcdirection.com.

If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy.