Domestic Violence
David M. Wildstein: A Trusted Advocate for Justice
Domestic violence encompasses a pattern of physical, emotional, verbal, and sexual abuse, which may involve threats, intimidation, isolation, and/or physical control. This type of abuse can persist over a prolonged period and tends to escalate in frequency and severity over time. Anyone can be a victim of domestic violence. It typically includes assault and harassment directed to the victim and fear of the perpetrator. The Court will consider prior acts of domestic violence in determining the credibility of a victim and a pattern of abuse. Initially, the Court can enter a Temporary Restraining Order removing the perpetrator from the residence and preventing the perpetrator from having any contact with the victim or the children. Thereafter, a final hearing shall be scheduled within 10 days, that will allow both parties to obtain counsel and present evidence before the Court. The Court will determine if a Final Restraining Order shall be entered. The restraining order will normally provide that the defendant is prohibited from having any contact or communication with the victim and will not be allowed to go the their place of employment or home and may have other restrictions related to contact with third parties.
If you are experiencing domestic violence, call the 24-hour Statewide Domestic Violence Hotline at 1-800-572-SAFE (7233).
Then call Domestic Violence Attorney David Wildstein. He has represented victims and defendants of domestic violence in New Jersey for over four decades. When Mr. Wildstein was Chair of the legislation section of the State Bar Family You do not have to continue undergoing abuse. Protect yourself and your children by acting now.
What Is Domestic Violence?
The United States Department of Justice defines domestic violence as: “Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”
New Jersey law defines domestic violence as “the occurrence of one or more of the following criminal offenses upon a person protected under the Prevention of Domestic Violence Act of 1991, P.L. 1991, c.261 (C.2C:25-17 et al.).”
- Homicide
- Criminal Sexual Contact
- Assault
- Lewdness
- Terroristic Threats
- Robbery
- Stalking
- Criminal Mischief
- Kidnapping
- Burglary
- Criminal Restraint
- Criminal Trespass
- False Imprisonment
- Contempt
- Criminal Coercion
- Harassment
- Sexual Assault
- Cyber-Harassment
The most common crime asserted by most victims is harassment.
Domestic violence acts can also include any other crime involving the risk of death or serious bodily injury to a person protected under the Prevention of Domestic Violence Act of 1991.
The New Jersey State Legislature states “that the official response to domestic violence shall communicate the attitude that violent behavior will not be excused or tolerated, and shall make clear the fact that the existing criminal laws and civil remedies created under this act will be enforced without regard to the fact that the violence grows out of a domestic situation.”
Who May File a Domestic Violence Claim?
Relationships define domestic violence charges. Anyone suffering violence or threats of violence from a spouse, former spouse, or any other person who is a present or former household member, regardless of age, sex, or physical/psychological condition, may file a domestic violence claim. New Jersey law defines the relationships that help define a domestic violence claim:
- A spouse
- A former spouse
- A domestic partner
- A former domestic partner
- A person with whom you’ve had a child
- A person with whom you are expecting a child
- A current live-in romantic partner
- A former live-in romantic partner
- A person you date
- A person you dated previously
Victims of domestic violence have the right to file a civil complaint under the Prevention of Domestic Violence Act of 1991 and/or a criminal complaint. If the victim prevails in a court proceeding the court will award counsel fees to the victim. The court also has the power to order compensatory damages for pain and suffering, out of pocket medical bills and loss of income in addition to punitive damages, a monetary award intended to punish the defendant for egregious misconduct to deter future harmful behavior. The Court may also award the victim support and order a risk assessment of the perpetrator with regard to parenting rights.
Tevis Claims
In a divorce complaint, a “Tevis claim” refers to a personal injury claim that can be made against your spouse for physical and mental abuse. David Wildstein represented Mrs. Janina Tevis, in 1979 in what was a landmark case in the state of New Jersey. Mrs. Tevis had been beaten by her husband, which caused her substantial injuries. This case created legal precedent in a divorce case for a victim of domestic violence to sue a spouse for punitive and compensatory damages. Mrs. Tevis suffered physical and mental abuse at the hands of her husband and was awarded compensatory and punitive damages. Also, a party that prevails in a domestic violence has the ability to seek damages. More than likely, it will be necessary to have medical and psychological testimony linking the damages to the acts of domestic violence.
Mr. Wildstein also participated in drafting the domestic violence statute that allows victims of domestic violence to seek punitive and compensatory damages.
Filing a Tevis claim within your divorce complaint can offer some significant benefits:
- If you file a “Tevis” claim, you may seek monetary damages for pain and suffering, compensatory damages for any financial losses incurred due to the abuse, and potential punitive damages, as well. The “Tevis” claim should be joined with the divorce.
- You should consider a Tevis claim in your divorce complaint when you have sustained permanent mental or physical injury. If you don’t include it, you may be unable to bring a personal injury claim against your spouse after the divorce is finalized. If you have a serious Tevis claim, you may request a jury trial related to this claim. The Family Court Judge will determine if the Tevis claim should be tried separately or part of the divorce.
Family Law Attorney David Wildstein was instrumental in creating the legal precedence that allows victims of domestic violence to file a Tevis claim in NJ as a result of his representation of his client Janina Tevis in her divorce action that was decided by the New Jersey Supreme Court.
New Jersey Domestic Violence Claims
Do not remain a victim of domestic violence; you have legal options which include:
- Filing a Restraining Order for no contact with the perpetrator.
- You can also file a criminal complaint.
If you are experiencing domestic violence, call the 24-hour Statewide Domestic Violence Hotline at 1-800-572-SAFE (7233).
New Jersey domestic violence claims can provide significant legal protection and offer personal injury compensation through Tevis claims when you choose to divorce your abusive partner. David Wildstein was instrumental in arguing for Tevis claims before the State Supreme Court, getting the law changed to enable victims more rights and protections.
Contact David M. Wildstein, Esq., in Woodbridge or Red Bank, to schedule a confidential consultation about when you need to escape domestic violence. He can seek emergency petitions of protection and represent your case to help you build a better life and future.