New Jersey Domestic Violence & Marital Tort Lawyers
When someone in a marriage or intimate relationship is abused, the physical, emotional, and financial fallout can be devastating. At Sarno da Costa D’Aniello Maceri Webb LLC, our compassionate domestic violence lawyers in New Jersey are dedicated to helping victims find the justice and safety they deserve. Our family law team, led by Angelo Sarno, can help you understand your rights, hold responsible parties accountable and guide you on a path to a safer, healthier future.
What Is Domestic Violence?
Domestic violence is a pattern of behavior that includes physical, emotional, or financial abuse. In any form, it means that one spouse or partner attempts to gain control over the other spouse or partner.
In New Jersey, domestic violence is not limited to physical abuse. Under the New Jersey Prevention of Domestic Violence Act (PDVA), abuse may include:
- Physical abuse, such as assaulting someone by hitting, pushing, or choking them
- Emotional abuse such as threats, intimidation, humiliation, or harassment
- Sexual abuse, which includes unwanted sexual contact or coercion.
- Stalking and harassment, such as repeated unwanted contact, monitoring, or threats.
- Financial abuse, which involves keeping a spouse financially dependent by controlling access to money or employment
Other common criminal offenses covered under the PDVA include homicide, terroristic threats, criminal restraint, burglary, kidnapping, false imprisonment, lewdness, criminal mischief, criminal trespass, and stalking. Our family law attorneys understand the legal nuances involved in domestic violence cases and are dedicated to helping victims recover and move on with their lives.
Restraining Orders in New Jersey
Victims of domestic violence in New Jersey can seek immediate protection through restraining orders, which restrict an abuser from contacting or approaching the victim.
Temporary Restraining Order (TRO)
Victims can request a temporary restraining order (TRO) at the county courthouse or by phone in the county where they live, where the alleged abuser lives, where the domestic violence incident took place, or where the victim is staying. If you need to get a TRO after business hours or on a holiday, go to your local police department.
After you fill out the application for a temporary TRO, you will go before a hearing officer or judge who will decide whether to grant a TRO. If you need help with filing for a TRO, our family law attorneys can advise you on what to include in the request and accompany you to the hearing.
Final Restraining Order (FRO)
Typically, within 10 days of a TRO being issued, both the victim and the accused have a chance to present evidence and testimony in a scheduled hearing. If a judge determines that domestic violence occurred and that protection is needed, the court issues a final restraining order (FRO). Unlike many states, an FRO has no expiration date in New Jersey. It remains in effect unless it is vacated by the court at a later date.
Whether you’re a victim of domestic violence or the subject of a restraining order who has been wrongly accused, our experienced family law attorneys can help you gather evidence, interview witnesses, and prepare for any hearings. Going in front of a judge can be daunting, but having a domestic violence lawyer help you navigate the legal system can allow you to feel more comfortable and confident in the courtroom.
What are Marital Tort Claims?
While domestic violence laws in New Jersey can help protect victims, marital torts enable those who are abused to file a civil lawsuit for damages against their spouse or former spouse; historically, interspousal immunity barred suits between spouses, but most jurisdictions have abolished it, and New Jersey recognized these claims after Tevis v. Tevis in 1979, much as Florida did in Waite v. Waite. This means that a marital tort is much like a personal injury claim, but within the context of a marriage, and these domestic torts are civil wrongs arising from the marital relationship that may be pursued as a separate remedy in civil court or with divorce proceedings, depending on the circumstances and the applicable statute.
One example is a tort committed by a husband or wife that can support a complaint by the plaintiff; common examples in New Jersey include:
- Assault and battery
- Marital rape or sexual assault
- Battered woman syndrome
- Intentional infliction of emotional abuse or psychological harm
- Knowingly exposing a spouse to a sexually transmitted infection (STI), meaning transmission occurs when one spouse infects the other during the marriage
- False imprisonment
- Economic abuse or fraud, including dissipation of marital assets through intentional hiding, destruction, breach, or other interference with property to deny the other party a fair share
- Invasion of privacy, such as secretly recording conversations or illegally intercepting communications
- Defamation
- Fraudulent inducement to marry
Types of Damages in Marital Tort Cases
In New Jersey, divorce proceedings usually focus on issues such as property division, establishing spousal support, and hashing out child custody arrangements. However, holding an abuser accountable for the physical, emotional, and financial harm they’ve caused by filing a marital tort can empower victims, help them find justice, and provide financial relief.
Types of damages in marital tort claims:
- medical expenses, including therapy costs associated with physical and psychological injuries caused by domestic abuse
- Lost wages if the abuse impacted the victim’s employment or ability to work, including harm to future earning capacity
- Pain and suffering, which recognizes the emotional distress caused by abuse and may overlap with infliction of emotional distress claims
In a marital tort case, the usual remedy is compensatory damages, though victims can also seek punitive damages in appropriate cases. Punitive damages may be available for outrageous tortious conduct or particularly outrageous tortious conduct, beyond ordinary compensatory relief. Your New Jersey domestic violence attorney can determine which types of damages are appropriate in your case.
The Legal Process for Marital Torts in New Jersey
Pursuing a marital tort is often done in conjunction with a divorce action under New Jersey’s single controversy doctrine, a rule established in Tevis v. Tevis, and it can be a complex, emotional process. Depending on the circumstances, the family court may keep the tort issues with the divorce for joint resolution or sever them into a separate civil court case. For a marital tort claim to be successful you must present clear evidence of abuse or misconduct. Evidence such as medical records, police reports, texts, emails, voicemails, and witness testimony can help your family law attorney prove that domestic violence occurred; the relevant facts often arise from the same marital relationship and may involve children when custody issues overlap. Our domestic violence attorneys also work with respected therapists and doctors who can provide expert testimony that demonstrates how the abuse has impacted your life.
In rare cases, a marital tort may be brought after a divorce, but statutes of limitation still apply, and in New Jersey the limit is generally two years, matching the state’s personal injury statute, so these claims must usually be filed within two years to reduce the risk of losing the claim. In appropriate cases, battered spouse syndrome may toll the statute, often with expert testimony. Depending on the procedural posture and whether custody or support issues involving a parent are intertwined, the matter may proceed before a judge rather than a jury. Our team understands the nuances of both family law and civil litigation. We fight to protect your rights and work toward the best possible outcome for your case.
Why Choose Our Trusted Family Law and Domestic Violence Attorneys in New Jersey?
Domestic violence and marital tort cases require strong legal representation, tenacity, sensitivity, and compassion. We know that domestic violence victims are often navigating the aftermath of the trauma they have suffered and may feel uncertain about the future. Our New Jersey domestic violence lawyers thoroughly investigate your case and advocate for your rights. The dedicated team at Sarno da Costa D’Aniello Maceri Webb LLC includes certified matrimonial attorneys and certified civil trial attorneys with decades of experience fighting for injured victims’ rights.
Our family law attorneys have helped families and individuals navigate some of the most challenging moments of their lives. We ensure your voice is heard and provide compassionate legal support you can trust. Angelo Sarno and other members of our family law team were again selected by peers for inclusion in the 2026 edition of The Best Lawyers in America® in the areas of Family Law, Family Law Mediation, and Arbitration.
You deserve safety, justice, and peace of mind. Our domestic violence lawyers are here to stand by your side every step of the way.
Contact Domestic Violence Attorneys Near You in New Jersey
If you’re dealing with domestic violence or considering a marital tort claim in New Jersey, don’t wait to get the support and safety you deserve. Contact us or call 973-609-5235 to promptly schedule a consultation with a family law attorney near you in New Jersey today, especially if you believe a claim may arise from abuse during marriage or after an ex-spouse relationship, or want to refer your situation for legal guidance. Sarno da Costa D’Aniello Maceri Webb LLC offers several convenient locations, including Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.
Frequently Asked Questions About Marital Torts and Domestic Violence in New Jersey
What’s The Difference Between Domestic Violence Charges and Marital Torts?
A domestic violence charge such as assault is a criminal matter brought by the State of New Jersey. A marital tort is usually filed by the plaintiff against the defendant in civil court, while domestic violence charges are handled separately. Victims may seek compensatory and punitive damages for harm caused by conduct committed by one spouse against the other.
Do I Have to Be in the Middle of Divorce Proceedings to File a Marital Tort?
No. Although most marital tort claims are filed during divorce, you can also pursue one independently. Most should be filed within two years under the applicable statute of limitations. In New Jersey, the single controversy doctrine may require the claim to be brought in conjunction with the divorce, depending on the circumstances. However, there are statutes of limitations that may apply and the law is complex, so it’s best to consult our domestic violence lawyers before taking any action.
What Kind of Evidence Do I Need to File for a Restraining Order in New Jersey?
Evidence of domestic violence often includes photographs of injuries, police reports, medical records, and electronic communications such as texts and emails.
Does Domestic Violence Have an Impact on Child Custody or Alimony?
Each case is unique, but when children are involved, a judge may consider whether either parent committed abuse, including physical assault, conduct causing emotional distress, or defamation affecting the child or the other spouse, when deciding custody arrangements and financial support such as alimony.
