THE FACTS
In the United States
(The information in this section was retrieved
from the National Domestic Violence
Hotline)
- 4 million American women experience a serious assault by a partner during an average 12-month period. -Henise, L., Ellsberg, M. and Geottemoeller, M. Ending Violence Against Women, Population Reports, Series L, No. 11., December 1999
- On the average, more than three women are murdered by their husbands or boyfriends every day. -Bureau of Justice Statistics Crime Data Brief, Intimate Partner Violence, 1993-2001. February 2003.
- 92% of women say that reducing domestic violence and sexual assault should be at the top of any formal efforts taken on behalf of women today. -Liz Claiborne Inc., study on Teen dating abuse conducted by Teenage Research Unlimited, February 2005.
- 1 out of 3 women around the world has been beaten, coerced into sex or otherwise abused during her lifetime. - Jay G. Silverman, PhD; Anita Raj, PhD; Lorelei A. Mucci, MPH; and Jeannie E. Hathaway, MD, MPH, “Dating Violence Against Adolescent Girls and Associated Substance Use, Unhealthy Weight Control, Sexual Risk Behavior, Pregnancy , and Suicidality,” Journal of the American Medical Association, Vol. 286, No. 5, 2001.
- 1 in 5 female high school students reports being physically and/or sexually abused by a dating partner. Abused girls are significantly more likely to get involved in other risky behaviors. They are 4 to 6 times more likely to get pregnant and 8 to 9 times more likely to have tried to commit suicide. - Bureau of Justice Statistics, Violence Against Women: Estimates from the Redesigned Survey, August 1995.
- 1 in 3 teens reports knowing a friend or peer who has been hit, punched, slapped, choked or physically hurt by his/her partner. - Bureau of Justice Statistics, Crime Data Brief, Intimate Partner Violence, 1993-2001, February 2003.
- Women of all races are equally vulnerable to violence by an intimate partner. -US. Department of Justice, Violence? Related Injuries Treated in Hospital Emergency Departments, August 1997.
- 37% of all women who sought care in hospital emergency rooms for violence–related injuries were injured by a current or former spouse, boyfriend or girlfriend. - US Department of Justice
- Some estimates say almost 1 million incidents of violence occur against a current or former spouse, boyfriend or girlfriend per year. -The Commonwealth Fund, Health Concerns Across a Woman’s Lifespan: 1998 Survey of Women’s Health, May 1999.
- For 30% of women who experience abuse, the first incident occurs during pregnancy. - Helton et al 1987.
- As many as 324,000 women each year experience intimate partner violence during their pregnancy. - Gazmararian JA, Petersen R, Spitz AM, Goodwin MM, Saltzman LE, Marks JS. “Violence and reproductive health; current knowledge and future research directions.” Maternal and Child Health Journal 2000; 4(2):79-84
- Violence against women costs companies $72.8 million annually due to lost productivity. -Costs of Intimate Partner Violence Against Women in the United States. 2003. Center for disease Control and Prevention, National Center for Injury Prevention and Control. Atlanta, GA/
- 74% of employed battered women were harrassed by their partner while they were at work. - Family Violence Prevention Fund. 1998. The Workplace Guide for Employer, Unions, and Advocates, San Francisco, CA.
- Ninety-four percent of the offenders in murder-suicides were male. -Violence Policy Center (VPC), American Roulette: Murder-Suicide in the United States, April 2006
- Seventy-four percent of all murder-suicides involved an intimate partner(spouse, common-law spouse, ex-spouse, or boyfriend/girlfriend). Of these, 96 percent were females killed by their intimate partners. - Violence Policy Center (VPC), American Roulette: Murder-Suicide in the United States, April 2006
- Most murder-suicides with three or more victims involved a "family annihilator" -- a subcategory of intimate partner murder-suicide.Family annihilators are murderers who kill not only their wives/girlfriends and children, but often other family members as well,before killing themselves. -Violence Policy Center (VPC), American Roulette: Murder-Suicide in the United States, April 2006
- Seventy-five percent of murder-suicides occurred in the home. -Violence Policy Center (VPC), American Roulette: Murder-Suicide in the United States, April 2006
In New Jersey in 2005
- There were 75,651 domestic violence offenses reported by police
in 2005, a 1% increase compared to the 76,109 reported in 2004. Murders
increased 7% in 2005 (41) when compared to 2004 (44).
- Assaults accounted for 45% (33,674) and harassment accounted
for 40% (30,603) of the reported offenses in 2005.
- Arrests were made in 31% (23,606) of the offenses reported
for 2005, an decrease of 2% over 2004.
- The most frequent day of domestic violence occurrences was
Sunday (13,465).
- For the twenty-third consecutive year, the most frequent hours
of domestic violence incidents were between 8:00 pm and midnight,
when 27% (20,540) of the offenses were reported.
- Children were involved or present during 34% of all domestic
violence offenses occurring during 2005. Specifically, 5% (3,893)
were involved and 29% (21,742) were present.
- Wives were the victims in 21% (15,849) and ex-wives were the
victims in 3% (2,384) of the reported domestic violence offenses
in 2005. Overall females were victims in 77% (58,162) of all
domestic violence offenses.
- The number of domestic violence complaints that had prior
court orders issued against the offender increased from 16,188
in 2004 to 15,558 in 2005, an decrease of 4%.
- Alcohol and/or drugs were involved in 29% (21,599) of the reported
offenses occurring in 2005. Alcohol involvement alone accounted
for 25% (19,138) of the total domestic violence offenses reported.
- Persons age 60 or over were victims in 3% (2,410) of all reported
domestic violence offenses that occurred in 2005. Elderly were
the victims in 20% (8) of the domestic violence murders (41).
- One act of domestic violence occurs every 6 minutes and 56
seconds.
- Domestic violence offenses arising out of dating relationships
accounted for 15% (11,080) of the state total.
- There were 3,461 total arrests involving
domestic violence restraining orders reported by police in 2005.
Of these, 2,010 were arrests for violations of a restraining order
only, while 1,451 were arrests for violations of a restraining
order with a separate offense.
The New Jersey Prevention
of Domestic Violence Act
- Provides victims of domestic violence with a choice of actions
and legal remedies.
- Is designed to protect victims and their children from abusive
and/or violent behavior by someone they know intimately.
- Provides an opportunity to file a civil or criminal complaint
or both.
- States that temporary restraining orders (TROs) remain in effect
until further action by the court.
- Can, through a TRO, forbid defendants to possess firearms or
other weapons.
- States
that in awarding temporary custody, "the court
shall presume that the best interests of the children are served
by an award of custody to the non-abusive parent".
- Provides that a victim can request a risk assessment if they
believe a child will be harmed during visitation (and a decision
on visitation postponed).
- Requires mandatory arrest provisions of an alleged abuser by
the police if a victim exhibits signs of injury or exhibits physical
pain or other impairments of their physical condition, or a weapon
was involved, or if there is a restraining order in effect.
IF
YOU OR SOMEONE YOU KNOW IS BEING ABUSED, BREAK THE CYCLE, END
THE SILENCE!!!
MAKE A CONFIDENTIAL CALL
FOR HELP TO THE DOMESTIC VIOLENCE PROGRAM IN BURLINGTON COUNTY
AT (856) 871-7551
OR
STATEWIDE DOMESTIC VIOLENCE
HOTLINE AT
1-800-572-SAFE
(BILINGUAL, TTY-ACCESSIBLE
FOR THE HEARING IMPAIRED)
NEW JERSEY COALITION FOR
BATTERED WOMEN
609-292-8107
TTY 609-584-0027
HELP IS AVAILABLE 24 HOURS
A DAY!!
NJ RELAY # FOR TTY 800-852-7899
The
Statewide Domestic Violence Hotline can refer you to your local
battered women’s program for emergency
shelter and counseling. The local program can also help you fill
out forms, provide legal advocacy, prepare you for a court appearance,
and in some cases escort you to court.
If you would like to consult with an attorney and
do not know where to get one, look under Lawyer Referral in the
yellow pages of your telephone directory. For a small fee the Lawyer
Referral Service will put you in touch with an attorney.
Domestic Violence FAQ
What is a restraining order?
It is a Court order which is intended to protect you from
further harm from someone who has hurt you; to keep the abuser away
from you, or to stop harassing you, or keep the abuser from the scene
of the violence, which may include your home, place of work, or apartment.
It is a civil order, and it does not give the defendant (abuser)
a criminal record.
Who
can get a restraining order?
A victim of domestic violence can obtain a restraining order.
A "victim of domestic violence" means:
- Any person protected by law and shall include any person subjected
to domestic violence by a spouse, former spouse, or any other
person who is a present or former household member and where
the victim is 18 years of age or older or who is an emancipated
minor.
- A victim, of any age, who has been subjected to domestic violence
by a person with whom the victim has a child in common, or if
the victim is pregnant by a man who she says will be the father
of the child when the pregnancy is carried to term is also covered
by this law.
- A victim, of any age, who has been subjected to domestic violence
by a person with whom the victim has had a dating relationship.
"Domestic Violence" means
the occurrence of one or more of the following acts committed
against a victim
by an adult or emancipated minor:
- Assault
- Burglary
- Criminal Mischief
- Criminal Restraint
- Terroristic Threats
- Criminal Sexual Contact
- Criminal Trespass
- False Imprisonment
- Harassment
- Kidnapping
- Lewdness
- Sexual Assault
- Stalking
- Homicide
"Emancipated Minor" means
a person who is under 18 years of age but who has been married,
has entered
military service, has a child or is pregnant or has been declared
by a court or administrative agency to be emancipated.
What does a restraining order do?
If you are a victim of domestic violence, a judge
can sign an order of protection that requires the abuser to obey
the law. It is usually very specific. For example:
- The abuser can be ordered not to have any contact with you,
in person or by phone, at home, work, or almost anywhere you
ask the court to put in the order. The order against contact
may also protect other people in your family.
- The
court can order the abuser to leave the house or apartment
that you and
abuser share, even if it is in the abuser’s
name.
- Except in the most unusual situations, the court will grant
you custody of your minor children. The court can also order
the abuser to pay child support and support for you. The abuser
may also be granted visitation with the child(ren) under certain
conditions. If the children are in danger of abuse, you should
let the judge know why you think so.
- The
court may order the abuser to pay for costs that resulted from
the abuse,
for example: household bills that are due right
away, medical/dental treatment, moving expenses, loss of earnings.
The judge can also make the abuser pay your attorney’s
fees, and can make the abuser pay damages to you or other people
that helped you or got hurt by the abuser.
- The judge may order the abuser to receive professional domestic
violence counseling, or tell the abuser to go get evaluated,
or to go to AA or NA. You can agree to go to counseling if you
want to (or a free program like AA or AlAnon), but the judge
will only make it an order for the abuser.
- The judge can order the police to escort the abuser to remove
personal items from the residence or shared place of business,
so that you are protected by the police during any necessary
contact.
- The judge has the power under the law to order anything else
that will help to protect you, as long as you agree to it.
How do I file for a restraining order?
Monday through Friday between 8:30am and 3:30pm, except
on a holiday, you can go to the Domestic Violence Unit of the Family
Division of the Superior Court located at 49 Rancocas Road in Mount
Holly and apply for the order. Court employees will help you file
the papers on the forms they will provide.
If it is after the end of a court day, a holiday,
or a weekend, you can come to police headquarters to obtain an
order. The on-duty police officers have the forms and can call
a judge to get an order that starts immediately. You will be asked
to speak to the judge by telephone, unless the judge chooses to
come to the court to hear your testimony directly.
If English is not a language you usually speak,
you may want to bring a friend with you to interpret. An interpreter
should be provided for you anytime you are scheduled to appear
in court, but might not be available at police headquarters.
How long does the order remain in effect?
When you first get protection under the law it is only temporary.
The order is called a TRO or Temporary Restraining Order. You must
return to the court on the date indicated in the TRO which is generally
about 10 days later. Both you and the abuser will be asked to appear
in court on that date. During the 10 day period the police or sheriff’s
office will serve the abuser with a copy of the order, so the abuser
will know when the hearing is scheduled. Keep a copy of the order
with you and give a copy to the police in any town where you think
the abuser might bother you.
What happens in court?
If you apply for the TRO in the Family Division, you will
appear before a judge so you can tell him/her what happened. You
will usually appear before a judge without the abuser being present.
When you return to court on the date indicated in your order, the
abuser has a right to be present. Both you and the abuser will have
the opportunity to tell the judge what happened between you. You
are allowed to bring a lawyer to this hearing, but it is purely your
choice. At the end of the hearing the judge will determine if you
should receive a final order, for how long and under what conditions.
If the abuser does not appear at the hearing, the
judge will either continue the temporary order in effect until
the abuser can be brought into court, or will enter a final order
if there is proof the abuser was served with the TRO/Notice to
Appear. The sheriff or police are responsible for serving the abuser
and returning confirmation of such service to the court. You cannot
be asked or told to serve papers on the abuser.
If you do not appear, and have not made arrangements
with the court to reschedule the case, someone from the court will
attempt to contact you by phone at home or work, or they may send
a certified letter if you have no phone. The courts take domestic
violence very seriously, and will be worried about your safety
if you do not call. If they cannot find you, your restraining order
may be dismissed and you will no longer have the protection granted
in the order.
What
happens next?
The court will give you a copy of the order. Be sure to
ask someone before you leave the court if there is anything you don’t
understand. CARRY IT WITH YOU AT ALL TIMES. If the abuser does not
obey the order, CALL THE POLICE IMMEDIATELY. The police are required
to arrest an abuser who violates any part of the order that protects
you from threats or violence.
You have the right to police protection. If you
carry your order with you at all times, it will be easier for the
police to understand your current situation. If you lose your order,
or it gets destroyed, return to the court and obtain another copy.
What can you do if the order is violated?
Call the Family Court Domestic Violence Unit if the abuser’s only violation
is for failure to return personal property, failure to pay support or rent,
not complying with custody or visitation conditions, or failing to attend domestic
violence counseling. In those cases the Family Division will process your request
to enforce the order.
If the abuser violates any of the other parts of
the order CALL THE POLICE IMMEDIATELY. For some violations or if
the abuser violated the order by committing a crime or offense,
the police must sign a criminal complaint for contempt.
Can I file criminal charges?
You can file criminal charges against the abuser for acts
of domestic violence, because they are all offenses. Criminal charges
can only be filed at the local police department, and they will usually
be heard at the local municipal court. For very serious crimes, the
county prosecutor may take your case to state criminal court. You
are not required to file criminal charges, but the law does allow
you to file them if you choose, even if you also get a restraining
order. The police can also file criminal charges on their own and
are required to do so when you show signs of injury or if a weapon
was used. If the abuser if found guilty of the criminal charges,
the court can impose fines, probation, or even jail as punishment. |
