How New Jersey Courts View Interfering with a Loved One’s Employment as a Mechanism for Abuse
The term “domestic violence” usually provokes images of bruises and physical abuse, but it can involve much more than direct violence. Domestic violence includes a range of actions, from stalking to harassing and controlling behavior. Sometimes, harassing and controlling behavior can take the form of work interference, in which the abuser takes actions to harass the victim while they are at work or otherwise disrupt their employment. The abuser’s objectives can be diverse but generally center around a desire to control, intimidate, financially damage, emotionally harm, or psychologically harm the victim. It is important to recognize the signs of work interference, whether you are a victim or accused, so you can identify situations that may constitute work interference as domestic violence giving rise to a restraining order and possible charges for domestic violence in New Jersey.
Primary Motivations for Employment Interference in Domestic Violence Situations
When an abuser attempts to interfere with a victim’s employment or ability to maintain employment, these actions may constitute domestic violence as they are often part of a pattern and practice by the abuser to isolate, control, and manipulate the victim. One goal of the abuser may be to eliminate the victim’s financial independence by causing them to lose their job and income, thus making the victim more dependent on the abuser and easier to control. Without their own income, the victim may be forced to depend on the abuser for housing or financial provision for their children.
Another goal may simply be to terrorize the victim with relentless disruptions at work or to embarrass them, making them feel unsafe and as if they are unable to escape the harassment no matter where they go. By forcing themselves into the victim’s professional life, an area that may otherwise have been a refuge from the abuse, the abuser can create a feeling of constant fear and anxiety.
The abuser’s interference at the victim’s work can also be a form of psychological harassment to undermine the victim’s self-esteem and confidence. Constant interruptions through phone calls, emails, or even in person appearances by the abuser can cause the victim to become very distracted and lose focus or make mistakes at work. These disruptions can actually lead to serious problems or even emergencies created as a result, sabotaging the victim’s work performance.
In all its forms, work interference is generally rooted in an abuser’s desire for control. As such, these behaviors can form the basis for a domestic violence criminal charge and/or restraining order.
Work Interference Tactics Used by Abusers: From Harassment to Engineered Emergencies
The exact tactics that an abuser may use to sabotage or control a victim while they are at work vary depending on the type of job and workplace the victim has. Perhaps the most dramatic form of work interference is harassment at work. This occurs when an abuser repeatedly calls the victim or their coworkers at work, shows up unannounced, or otherwise engages in harassing behavior against the victim at their place of work. These actions could cause the victim’s work performance to suffer and even cause them to lose their job. At a minimum, it is likely to make the victim feel overwhelmed and distressed.
An abuser can also engage in work interference as a form of domestic violence by taking actions to intentionally damage the victim’s reputation. If, in an effort to harass, intimidate, or control, the abuser makes contact with the victim’s supervisor, coworkers, customers, or clients and makes baseless accusations against the victim to them or criticize their job performance or abilities, it could damage the victim’s professional reputation, make it uncomfortable for them to go to work, maintain their position, or even get a new position in their field.
If the abuser takes direct action to physically prevent the victim from going to work, this can be another form of work interference. They might do this by taking the victim’s car keys, physically restraining them from leaving the house, or even sabotaging their internet connection if they work remotely.
Another common method of work interference is creating emergencies that the victim must respond to, pulling them away from or interfering with their work, like a situation that causes them to miss work or leave work early and suddenly. For example, an abuser may fabricate an emergency pertaining to the victim’s child or a family member, claiming the person is missing or has been seriously injured. After the victim discovers the emergency is not real, the abuser may justify their behavior by claiming they knew the victim wouldn’t listen unless they said what they said or they may simply say they were joking and then try to gaslight the victim into believing they are overreacting and cannot take a joke.
Options for Work Interference Victims in Domestic Violence Cases in New Jersey
Individuals who are being harassed by an abuser while at work are often very ashamed of the situation, as they usually expend a lot of energy trying to compartmentalize that traumatizing area of their personal life and maintain a different reputation at work. When an abuser starts contacting you or your coworkers at work or showing up at your workplace, it can quite literally feel like your nightmares are crossing into the daylight. What was a place of refuge and calm feels as though it is being taken over by an unrelenting dark force.
The most important thing to remember is that your abuser wants you to feel alone, isolated, and without recourse. They want you to feel hopeless, but you are not hopeless and you should absolutely not try to battle your abuser alone or take on the anxiety of trying to protect your professional life from your abuser single handedly. There are options available for you and legal protections that you can obtain against your abuser.
One of the most powerful and effective tools is a restraining order. In New Jersey, victims of domestic violence can apply for an initial emergency restraining order without the need for a full trial. This ensures that victims get the protection they need swiftly. A temporary restraining order will prevent your abuser from contacting you at work (or anywhere else) or even coming within a certain radius of your workplace. Then, after a hearing, a permanent restraining order may be issued by the court if it finds that there is sufficient evidence of domestic violence. This can include stalking and harassing behaviors.
In addition to seeking protection from the law, you might also consider speaking with your human resources department or a supervisor you trust at work about the issue. If the individuals around you know about the situation, there can be multiple benefits. First, your employer will be aware of the danger your abuser presents to you, and they can use this information to create a safer environment for you, like informing security not to let them inside the building. Secondly, not only will you feel safer knowing that there are other individuals around you looking out for you, but the fear, intimidation, isolation, and embarrassment that your abuser wishes to inflict on you through their work interference will not have the same strength because you have let others in on the situation and shined a light on the situation, which takes away some of the stigma and shame.
What to do if You Have Been Accused of Employment Interference in a Domestic Violence Case in NJ
If a restraining order is filed against you by an individual who has accused you of work interference, you should understand that the consequences are serious, and you should obtain legal representation right away. Not only can a restraining order limit your mobility and autonomy, but it can also limit your ability to see your children and other family members and damage your professional reputation. If you violate the terms of your restraining order, you will face criminal consequences, including possible jail time. Our attorneys can assist you with protecting your innocence.
Connect With Leading NJ Attorneys Handling Cases Work Interference Domestic Abuse Cases
Whether you are seeking or fighting a restraining order, the help of an experienced and knowledgeable New Jersey restraining order attorney is crucial. At The Tormey Law Firm, our lawyers will help you to gather evidence in support for or against a restraining order and advocate before the court for the protection of your rights. This may include witness statements, records of communications between the parties, documentation of the cited abuse or refuting the allegations, and more. We handle restraining order trials and domestic violence criminal cases in courts throughout New Jersey on a weekly basis, including in Paramus, Hackensack, Fort Lee, Somerville, Bridgewater, Elizabeth, Cranford, Brick, Middletown, East Brunswick, Little Falls and Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, and Union Counties. For more information and a free consultation regarding your work interference-related domestic violence case, please contact us today at (908)-336-5008 .