Financial abuse is a form of domestic violence that can leave victims trapped in dangerous situations due to economic dependency. New Jersey law recognizes financial abuse as part of domestic violence and provides several legal remedies to protect victims and help them regain financial independence.
Legal Recognition of Financial Abuse Under Domestic Violence Laws
New Jersey’s Prevention of Domestic Violence Act (PDVA) (N.J.S.A. 2C:25-17 et seq.) provides protection for victims experiencing various forms of abuse, including financial control and coercion. While financial abuse is not explicitly listed as a separate offense, it is often associated with other forms of abuse such as harassment, coercion, or economic deprivation. Courts consider financial abuse when determining the need for protective orders and other legal remedies.
Restraining Orders and Financial Protections
Victims of financial abuse can seek a Temporary Restraining Order (TRO), which may include financial protections such as:
- Emergency financial relief: The court may order the abuser to provide financial support for essential needs.
- Temporary control of assets: Victims may be granted control over joint bank accounts, vehicles, and other financial resources.
- Protection from further economic harm: The abuser may be prohibited from making unauthorized withdrawals, selling property, or incurring debt in the victim’s name.
If a judge grants a Final Restraining Order (FRO), these financial protections can be extended indefinitely.
Spousal and Child Support Orders
For married victims or those with children, courts may order spousal support (alimony) and child support as part of a restraining order or divorce proceedings. The goal is to ensure the victim has the financial means to live New Jersey Domestic Violence Lawyer independently and support their children.
Legal Consequences for Financial Exploitation
In cases where an abuser withholds money, denies access to financial resources, or fraudulently uses a victim’s financial identity, they may face criminal charges such as:
- Theft (N.J.S.A. 2C:20-3) if they wrongfully take or control the victim’s assets.
- Identity Theft (N.J.S.A. 2C:21-17) if they open accounts or accumulate debt in the victim’s name.
- Coercion (N.J.S.A. 2C:13-5) if they use threats or manipulation to gain financial control.
Resources and Support for Victims
New Jersey provides numerous resources, including financial assistance, emergency shelter, legal aid, and job training programs, to help victims of financial abuse regain stability. Organizations like the New Jersey Coalition to End Domestic Violence (NJCEDV) offer support and advocacy services.
By recognizing financial abuse as a critical component of domestic violence, New Jersey law ensures that victims have access to the legal and financial protections they need to break free from abusive relationships and rebuild their lives.
