BATTERED WOMEN - A LEGAL HANDBOOK FOR NEW JERSEY WOMEN

• NCJ Number: 65278
• Author(s): R BIAGGI-GARCIA; M CORODOMUS
• Date Published: 1979
• Length: 25 pages
• Grant Number(s): A-(44)-367-76
• Sponsoring Agency: New Jersey State Law Enforcement Planning Agency
• Corporate Author: Seton Hall University Law Ctr
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: SPANISH VERSION SEE NCJ 65277

Annotation

A BOOKLET DESCRIBES WHERE TO GO AND WHAT TO DO IF HUSBANDS OR MALE FRIENDS ARE PHYSICALLY ABUSIVE, EMPHASIZING AN UNDERSTANDING OF THE LEGAL SYSTEM AND USE OF THE COURTS IN NEW JERSEY.

Abstract

WOMEN HAVE A RIGHT NOT TO BE THREATENED OR BEATEN BY THEIR COMPANIONS. ALTHOUGH IT IS AGAINST THE LAW FOR HUSBANDS OR MALE FRIENDS TO BE PHYSICALLY ABUSIVE, THE POLICE, COURT OFFICERS, AND JUDGES ARE OFTEN RELUCTANT TO HELP. IF A WOMAN HAS BEEN BEATEN OR THREATENED, SHE SHOULD CALL THE POLICE IMMEDIATELY AFTER OR DURING THE INCIDENT. THE POLICE WILL ARREST THE ABUSER ON THE SCENE IF THEY SEE THE OFFENSE BEING COMMITTED OR IF THE WOMAN IS WILLING TO SIGN A COMPLAINT. THE CRIMINAL COURTS OF THE STATE WILL HANDLE SUCH CHARGES; CIVIL COURTS ARE RESERVED FOR OBTAINING REQUESTS FOR DIVORCE OR CHILD SUPPORT. WOMEN HAVE A RIGHT TO FILE A CRIMINAL COMPLAINT AGAINST MEN WHO THREATEN THEM, ATTEMPT TO INJURE THEM, OR ACTUALLY CAUSE INJURY. THE COMPLAINT IS FILED IN THE MUNICIPAL COURT OF THE MUNICIPALITY IN WHICH THE INCIDENT TAKES PLACE. THE MOST COMMON CHARGES FILED IN THIS MANNER ARE ASSAULT OR ASSAULT AND BATTERY, ATROCIOUS ASSAULT AND BATTERY, ASSAULT WITH INTENT TO KILL, AND ASSAULT WITH A DANGEROUS WEAPON. ONCE THE COMPLAINT IS SIGNED THE CLERK OR JUDGE WILL DETERMINE WHETHER TO ISSUE AN ARREST WARRANT. A COURT HEARING WILL BE SCHEDULED AT WHICH BOTH THE WOMAN AND THE ABUSING MALE WILL TESTIFY. IF THE JUDGE IS CONVINCED THAT THE WOMAN IS TELLING THE TRUTH, THE OFFENDER WILL BE FOUND GUILTY OF THE CHARGE. POSSIBLE ACTIONS IN CIVIL COURT INCLUDE DIVORCE, SEPARATE MAINTENANCE ACTION, PENDENTE LITE, DAMAGE ACTIONS, ISSUANCE OF A TEMPORARY RESTRAINING ORDER, OR MENTAL ILLNESS COMMITMENT. SOURCES OF FINANCIAL ASSISTANCE ARE AVAILABLE INCLUDING EMERGENCY ASSISTANCE, WELFARE SERVICES, AND LEGAL AID. IN ADDITION, WOMEN'S CENTERS WHICH PROVIDE SHELTER AND EMERGENCY CARE HAVE BEEN ESTABLISHED. THE TELEPHONE NUMBERS AND LOCATIONS OF SUCH SERVICES IN NEW JERSEY ARE PROVIDED. (LWM)