Facing an accusation of domestic violence in New Jersey can be an overwhelming and highly life-disrupting experience. Even before criminal charges are filed--and even if criminal charges are never filed--the very accusation has the potential to force you from your home, block you from seeing your spouse or children, affect you financially, and more. Even more ironic is if you never made physical contact with the alleged victim but rather are being accused of financial abuse.
You may feel like the deck is stacked against you, with restraining orders, criminal charges, and a tarnished reputation looming over your head. It can seem like your entire world is being turned upside down. You may even wonder if what is happening to you is legal--but in the state of New Jersey, the law favors protecting the victims of domestic violence first, even before there is time to prove whether you did anything wrong. While these accusations are serious and complex, it's important to understand what you are up against and what your rights are. The Criminal Defense Team at the Lento Law Firm understands the stress and uncertainty you're experiencing--and more importantly, we know the law. We will guide you through this complicated process with the care your case deserves, fighting diligently on your behalf to get you the best possible outcome while ensuring your rights are protected. To schedule a consultation, call 888-535-3686 or fill out our online form.
Financial abuse is a concept that's not always easy to define, especially in the context of domestic violence accusations. However, understanding what constitutes financial abuse, how the law in New Jersey addresses these situations, and the potential consequences of a domestic violence accusation can give you clarity and help you prepare for what comes next.
What is Financial Abuse in a Domestic Relationship?
Financial abuse, as it relates to accusations of domestic violence, refers to a situation where one partner exerts control over the other's financial resources to maintain power in a relationship. While physical violence or verbal threats may be more commonly associated with domestic abuse, financial abuse is an equally damaging form of control that often underpins other abusive behaviors.
The methods of financial abuse can vary widely. Some common examples include:
- Restricting Access to Money: Preventing a partner from accessing bank accounts or credit cards.
- Controlling Spending: Dictating how the other person is allowed to spend money or cutting off their ability to make financial decisions.
- Sabotaging Employment: Interfering with a partner's ability to work, such as preventing them from going to their job or creating conditions that cause them to lose employment.
- Hiding Assets: Concealing income, savings, or investments from a partner to undermine their financial independence.
- Accumulating Debt Without Consent: Opening lines of credit or accruing debt in a partner's name without their knowledge or approval.
These behaviors can lead a partner to feel trapped in a relationship due to financial dependency or fear, making financial abuse a potentially compelling argument in domestic violence allegations. However, it's important to remember that nuanced issues like financial disagreements or poor communication about money can sometimes be misconstrued as financial abuse. This makes it critical to understand the legal context of such accusations in New Jersey.
Domestic Violence and Financial Abuse Under New Jersey Law
New Jersey doesn't have a specific criminal statute for “domestic violence” itself or for “financial abuse.” Instead, the state defines domestic violence by the relationship of the perpetrator to the victim--in other words, a crime committed against a spouse, ex-spouse, domestic partner, parent with whom a child is shared, etc., as opposed to another victim. As a result, when domestic violence occurs, it is typically charged under existing criminal laws, with the added benefit that the victim can seek a restraining order against their abuser because it counts as domestic violence.
When it comes to financial abuse, specific charges depend on the nature of the allegations. Below are some criminal statutes that may be applied when financial abuse is alleged in the context of domestic violence:
- Theft (N.J.S.A. 2C:20-3): If you are accused of taking or withholding financial resources that legally belong to your spouse or partner, you might face theft charges. For example, using funds from a partner's bank account without consent could be seen as theft.
- Fraud (N.J.S.A. 2C:21-4): Financial abuse involving deception—for example, forging a partner's signature to access their funds or resources—could trigger charges of fraud or related offenses.
- Harassment (N.J.S.A. 2C:33-4): Suppose the financial abuse included harassing behaviors like constantly monitoring your partner's spending or issuing threats tied to money. You might face charges under New Jersey's harassment laws.
- Criminal coercion (N.J.S.A. 2C:13-5): For allegations involving threats or undue pressure related to money—for instance, threatening to cut off financial support unless demands are met—you could be charged with coercion.
Additionally, while your partner may be accusing you specifically of financial abuse if any other laws were violated (e.g., assault, criminal threats, etc.), these may also be charged.
While financial disputes between individuals are often complex, these disputes can be weaponized in the context of legal proceedings. This is why it's vital to have an experienced legal advocate on your side to help contextualize the accusations and protect your rights. The Lento Law Firm's Criminal Defense Team has extensive experience with cases like these and will work to defend you against unfair claims of financial abuse.
"Coercive Control" as a Form of Domestic Violence in New Jersey
A significant development in New Jersey's domestic violence legislation occurred in January 2024. A new law was signed into effect recognizing "coercive control" as a form of domestic violence. This marks a pivotal shift in how certain abusive behaviors, like financial abuse, are classified and prosecuted.
What is Coercive Control?
Coercive control is a pattern of behavior designed to dominate or undermine a partner's independence and freedom within a relationship. It includes tactics aimed at isolating, demeaning, or controlling a partner. With the introduction of this law, behaviors that might previously have been difficult to address explicitly—such as financial abuse—are now squarely in the spotlight.
Examples of coercive control related to financial abuse might include:
- Forbidding a partner from accessing their own money.
- Requiring constant permission for any financial decisions.
- Using financial dependency as a way to manipulate or coerce behavior.
Under this new law, the legal threshold for proving coercive control isn't limited to physical violence or direct threats. Instead, a broader range of tactics, including financial manipulation, may now meet the standards for domestic violence allegations.
How This Impacts Your Case
Though New Jersey's criminal justice system and family courts have yet to fully apply this new law, its inclusion of coercive control underscores a stricter focus on behaviors traditionally seen as "less overt" forms of abuse. If you're accused of financial abuse, these accusations may now fall under this broader umbrella. That's why it's more critical than ever to work with the Criminal Defense Team at the Lento Law Firm to review your case, challenge evidence against you, and ensure your rights are maintained throughout.
The Consequences of Domestic Violence Accusations
Even beyond the immediate threat of criminal charges, accusations of domestic violence—including those involving financial abuse—can result in long-term impacts that linger well after the legal case is resolved. These can touch multiple areas of your life and personal relationships, creating challenges that extend beyond the courtroom.
Restraining Orders
Restraining orders are one of the most common consequences of domestic violence accusations. While the intent of these orders is to protect alleged victims from further harm, they are broad and restrictive tools. A restraining order can prevent you from contacting your partner or even accessing your home, your children, shared bank accounts, or personal belongings.
Restraining orders are often issued on an emergency basis (Temporary Restraining Orders, or TROs) before a full hearing can take place to review the facts. However, if a judge issues a Final Restraining Order (FRO), the impact can be long-lasting.
Custody and Family Matters
Accusations of financial abuse or other forms of domestic violence may impact family court proceedings as well, particularly concerning child custody and visitation rights. New Jersey courts prioritize the welfare of children, meaning that an accusation of domestic violence could lead to restrictions on custody or even supervised visitation arrangements. Even if the allegations are unfounded, they could still influence the court's decisions on what is "in the best interest of the child."
Potential for Criminal Record
While a restraining order itself won't appear on a criminal background check, any resulting criminal convictions from domestic violence accusations (including violating a restraining order) will generate a criminal record that appears on background checks. This could impact your ability to rent a home, get a job, or work in certain professions.
Professional and Personal Reputation
The stigma attached to domestic violence accusations often extends well beyond legal outcomes. Merely being accused of financial abuse can damage your reputation and cause issues in both personal and professional spheres. Employers may find reasons to terminate your employment, or colleagues may distance themselves due to the allegations. Meanwhile, friends or family members might struggle to reconcile their perception of you with the accusations made against you. If you hold a professional license (such as a physician, nurse, or accountant), allegations of domestic violence could result in disciplinary investigations that could ultimately cost you your license.
Financial Implications
Ironically, the process of defending against accusations of financial abuse can create its own financial burden. Between legal fees, potential fines, and the costs of any restitution or settlement agreements, the effects of domestic violence allegations on your finances can be substantial. If your employment is impacted by the case, this financial strain can be compounded.
Steps You Can Take If You Are Accused of Financial Abuse
If you are accused of financial abuse in a domestic relationship, it is critical to take immediate and careful steps to protect your rights and build a strong defense. These accusations can have serious legal and personal consequences, so it's essential to act strategically and thoughtfully. Here's what you should do:
- Avoid Self-Incrimination: Refrain from speaking with your accuser or discussing the case with anyone, including friends or family, without first consulting with an attorney. Anything you say could potentially be used against you in court, even casual or well-meaning statements. Exercise your right to remain silent and ensure you have proper legal guidance before engaging in any discussions about the allegations.
- Document Your Actions: Gather and organize all relevant financial records, including receipts, bank statements, contracts, and communications that might help clarify or justify your actions. Maintaining detailed documentation can provide critical evidence to demonstrate that you acted within the bounds of the law. Additionally, keep a log of any interactions related to the case, including dates, times, and details, which could be helpful in defending your position.
- Understand the Charges: Take time to fully understand the accusations being made against you. Financial abuse cases can involve a range of allegations, such as misappropriation of funds, unauthorized transactions, or coercive financial behavior. Knowing the specifics of the charges will allow you and your legal team to prepare a targeted response.
- Avoid Retaliation or Confrontation: Avoid any form of retaliation or confrontational behavior toward the accuser. Doing so could escalate the situation or result in additional charges being filed against you. Instead, focus on responding to the allegations through appropriate legal channels.
- Obey Any Restraining Order to the Letter: No matter how unfair the order may seem, do not violate it in any way. (You can contest the order using legal channels later.) Any violation of a court order, such as a restraining order, may result in additional criminal charges.
- Seek Legal Counsel: Your top priority should be consulting with an experienced attorney who specializes in cases like yours. The Criminal Defense Team at the Lento Law Firm has extensive experience handling domestic violence accusations, including financial abuse cases, and can provide the guidance and support you need during this challenging time. They will work closely with you to understand your situation, evaluate the evidence, and develop a tailored defense strategy to protect your rights and reputation.
Why Work With Us
Domestic violence accusations can be complicated to navigate, especially when it involves non-physical forms such as financial abuse. Protecting your rights and defending against the accusations may not be as simple as it appears, which is why you should never attempt to "go it alone" when accused of domestic violence. The Criminal Defense Team at the Lento Law Firm has a deep understanding of New Jersey Law and the complexities surrounding domestic violence cases—including those involving financial abuse. They will work with you to:
- Analyze the specific details of your case.
- Challenge evidence being used against you.
- Challenge unfair restraining orders in court.
- Protect your rights throughout every stage of the legal process.
- Provide guidance on navigating restraining orders, protecting your parental rights, and avoiding additional consequences.
An allegation of domestic violence doesn't have to define your future. By working with a skilled legal attorney who understands your situation, you can take steps to defend your case and move forward with confidence. To schedule a consultation, call the Lento Law Firm at 888-535-3686 or fill out our confidential online form.
