Q: My daughter's mom has violently and verbally attacked me several times.
I happened to catch about 30 mins on AUDIO. It's all in front of the baby. You can hear when she hits me the baby cries at that very moment. I ask her to stop hitting me. She also throws my phone at me and it hit the wall and put a hole in the wall. If I bring the audio to the police is that enough evidence to charge her with DV? She wants to take me to court and get full custody of my daughter. I HAD a drug problem and was arrested for it but I go to meetings and have been clean for over 5 years. She keeps saying that this will be the determining factor that she will get full custody. Will that be a factor and will the audio recordings be enough evidence to charge her with DV? THANK YOU.
A:
Thank you for your question. I know how worried you must be about the custody of your child.
The short answer is to immediately contact an experienced family law lawyer. In New Jersey, in all cases involving the custody of a child, the court must always determine the best interests of the child. Custody is comprised of both “legal” and “physical” custody. The court must apply several factors to determine the best interests of the child while weighing the rights of both parents as well as the right of the child to continuing and frequent contact with both parents. Among those factors are both the fitness of both parents as well as the safety of the child when in each parent’s care and custody. It is important to protect your interests and have an experienced family law lawyer advocate for your interests and ensure that both you and your child’s safety are protected. Given the fact that there are significant safety concerns for both you and your child, it is important to also understand your rights under the New Jersey Prevention of Domestic Violence Act as well. Do not hesitate to dial 911 at any time prior to consulting with an attorney to notify the local police department of the violent situation in your home and the safety concerns you have for both yourself and your child.
I hope this information was helpful to you.
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