Every family has its own complicated dynamic; even the most perfect-looking families have problems behind closed doors. In this day and age, there is also no such thing as a "traditional family." A healthy family looks different for each child. Any situation where a parent is lovingly cared for by an adult, whether it be a parent with custody rights or not, is a good thing for the child. Even when children are cared for well in an in loco parentis relationship, domestic violence can reach any household. How New Jersey laws around domestic violence and in loco parentis relationships interact is important to understand when your household with an in loco parentis relationship is under scrutiny for domestic violence.
If you face this difficult situation, you don't need to navigate the process alone. At the Lento Law Firm, we frequently work with adults who have in loco parentis relationships with children in their household. Whether you are the in loco parentis adult and being accused of domestic violence, or another member of your household is accused, our Family Law Team can help. Miscommunications and mistakes happen, but our goal is to preserve our clients' and their families' rights and best interests. We know our clients' top priority is to keep the children in their care safe. Let us help your family today by calling us at 888-535-3686 or contacting us online.
Understanding Domestic Violence Law in New Jersey
The primary law addressing domestic violence in New Jersey is the Prevention of Domestic Violence Act (PDVA). The law clearly outlines what acts constitute domestic violence and what type of relationship the involved parties must be in for the situation to be domestic violence rather than any other type of criminal violence.
New Jersey law includes the following acts as domestic violence:
- Assault
- Harassment
- Cyber-harassment
- Stalking
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal mischief
- Criminal trespass
- Criminal coercion
- Robbery
- Burglary
- Kidnapping
- Emotional abuse
- Psychological abuse
- Lewdness
- Homicide
- Terroristic threats
- Any other crime involving risk of death or serious bodily injury
The above acts must have been taken between people with one of the following types of relationships to fall under the umbrella of domestic violence:
- Current or former spouse
- Current or former romantic partner
- The parent of your child
- A child, whether biological, step, adopted, or in loco parentis
- A parent
- Grandparent
- Current or former members of the household, including family members and roommates
In Loco Parentis Relationships in New Jersey
In loco parentis is simply a Latin phrase and legal term used in New Jersey courts that means "in place of parents." Legal rights in an in loco parentis relationship are different from those in other types of legal guardianships and biological parent relationships. Most often, when someone in an in loco parentis relationship does have legal rights to the child, they are limited compared to other parents or guardians and fall under some form of limited custody or visitation.
The people who most commonly take on in loco parentis relationships with children are grandparents and romantic partners of the biological parent, such as long-term partners or step-parents. Other people, such as aunts, uncles, adult cousins, and adult siblings, also take on this role, but it is less common. The importance isn't who the adult is but the level of emotional, financial, and otherwise support in the child's life.
New Jersey courts look at a variety of factors when deciding if a relationship rises to an in loco parentis status; these include:
- The duration of the relationship with the child
- Whether the adult has provided consistent emotional, physical, financial, and other care and support for the child
- The emotional bond between the child and the adult assuming the in loco parentis relationship
Essentially, the court asks, "Did the adult establish a parent-like relationship with this child to the extent that even though they lack formal parental status, it is in the best interest of this child to maintain a relationship?" If so, there is a good chance an in loco parentis relationship has been established, and the courts will foster a continued relationship between the two.
Domestic Violence Restraining Orders and in Loco Parentis Relationships
Under New Jersey's domestic violence law, victims have a few different options for taking action. If you are accused of domestic violence in New Jersey, your accuser will likely be encouraged to file a restraining order against you. As soon as a domestic violence report has been made against you, you can expect a temporary restraining order (TRO) to be filed ASAP. Courts will always make TRO requests with a child in the home a top priority, even if the child isn't the subject of domestic violence.
Restraining orders are instructions by a judge that limit or restrain your contact with another person. In domestic violence and in loco parentis relationships, there will likely be limited contact between the person accusing you and, unfortunately, the child as collateral damage. In New Jersey, restraining orders are filed in the Superior Court.
The person accusing you of domestic violence will give their explanation of the incident or incidents of domestic violence, arguing that it isn't safe to have contact with you. They will also likely argue that you wouldn't be safe to have continued contact with the child. Temporary restraining orders are particularly upsetting because, as the accused, you have no opportunity to defend yourself. Fortunately, TROs are just that, temporary, and your Lento Law Firm will begin fighting against a final restraining order (FRO) immediately.
A hearing for an FRO will be scheduled within ten days, so it is important to contact the Lento Law Firm immediately. Your Lento Law Firm attorney should have as much time as possible to argue that an FRO limiting your access to the child is inappropriate and unnecessary. Even if a restraining order is implemented between you and the accused party, you can still have access to the child in question. Your Lento Law Firm attorney will walk you through the possibilities and fight for the best possible solution in your case.
What Happens When Domestic Violence Is Alleged in a Household With an in Loco Parentis Relationship?
Generally, when a domestic violence allegation has been made in a family with an in loco parentis relationship, the family will come under court scrutiny. This can look like court-ordered child protective service evaluations, medical evaluations, contacting teachers and others interacting with the child, and more. Child safety is understandably a top priority in New Jersey, and while it may be difficult for the family to go through, everyone ultimately wants what is best for the children involved.
Whether the adult in the in loco parentis relationship is accused of domestic violence or it is the biological parent, everyone in the family will be assessed, and the accused may be restricted from custody and visitation. These restrictions will start as temporary while the case is investigated and developed in court.
How Domestic Violence Allegations Can Be a Factor in Child Custody Decisions
The domestic violence allegations against you are, of course, bringing up a whole host of emotions. The thought of losing access to a child you have such a deep and meaningful connection with, on top of everything else going on, can be heartbreaking. As an adult in an in loco parentis relationship with the child, you can still petition for and attempt to maintain contact. Your Lento Law Firm attorney will argue that it is in the child's best interest, even though you lack formal and legal parental status, to continue the relationship.
There is no understating that domestic violence charges complicate child custody and visitation situations. The biggest question will be whether you pose a threat to the child. What your physical or legal custody looks like may change. You may be more likely to be given one type of custody or visitation over another based on the nature of your domestic violence charge and your relationship with the child.
If you currently have any legal rights and are charged with domestic violence, your custodial rights will immediately undergo court review. You can expect that if you have been charged with domestic violence against the child, whether it's true or a malicious rumor, courts will take immediate action. The judge hearing your case will look to the following criteria when assessing your legal rights to the child:
- The child's safety in your care, i.e., whether you have been abusive to the child
- Whether the domestic violence is disturbing the child's continuity and stability in the home environment
- The emotional impact of domestic violence on the child
The moment you even hear rumors that domestic violence charges may be filed against you, you need to contact the Lento Law Firm Family Law Team to ensure you are prepared to fight to preserve your in loco parentis relationship.
Especially in times of family turbulence, it is important that the child involved sees your unwavering care for them, so if this relationship means a lot to you, now is the time to show it. Your Lento Law Firm attorney will begin working tirelessly to preserve any custody or visitation rights you may have or make sure that any alterations to custody or visitation are in the best interest of you and the child with whom you have a relationship.
How Separation Due to Domestic Violence Can Factor in Child Support Decisions
Having an in loco parentis relationship with a child is a serious and meaningful relationship. If you have an in loco parentis relationship with a child, it has likely been going on for years. Perhaps the most common in loco parentis relationship is when a romantic partner takes on a parental role in their partner's child from a former relationship. Being in that romantic relationship made you part of the child's family, and if you are now separating from your partner in a domestic violence situation where you also had an in loco parentis relationship, you may be responsible for continuing to provide child support.
The stronger your emotional and financial relationship with the child before the domestic violence-caused separation, the more likely the court may be to decide you still have a financial obligation to the child. Typically, New Jersey courts enforce continued in loco parentis child support when discontinuing support would negatively impact the child's well-being, but what this looks like on a case-by-case basis will vary.
At the Lento Law Firm, we represent clients in exactly these situations all the time. We see how courts award child support in domestic violence-related child support cases on a daily basis and can offer our insight into how your case may turn out and make a strategy you feel comfortable pursuing.
To Protect Your in Loco Parentis Relationship Despite Domestic Violence Charges, Retain the Lento Law Firm Today
Being in an in loco parentis relationship while accused of domestic violence will undoubtedly complicate your relationship with the child. Clearly, you love this child very much, and while New Jersey laws exist to protect them, removing you from the child's life may be far from what is in their best interest.
If you are being accused of domestic violence and it is threatening access to the child you have an in loco parentis relationship with, the Lento Law Firm Family Law Team can help. We understand the value of family, whatever that family looks like, and we are here to fight for the relationship between you and your child. Call us today at 888-535-3686 or contact us online for assistance.
