4.13 DISPOSITIONS NJ

4.13 DISPOSITIONS NJ

4.13.1 Following a final hearing, the court should either enter an FRO with appropriate relief upon a finding of domestic violence, or an admission of an act of domestic violence by the defendant; or, dismiss the Complaint/TRO and dissolve all restraints if domestic violence has not been established; or, if appropriate, adjourn the final hearing and continue the restraints on an interim basis until a final determination can be made.

4.13.2 Thecourtonlyhasjurisdictiontoenterrestraintsagainstadefendantafterafinding by the court or an admission by the defendant that the defendant has committed an act(s) of domestic violence. A defendant’s admission or stipulation to committing an act of domestic violence must comply with the following:

A. The parties must be sworn before any action is taken on the complaint, particularly when one or both of the parties appear pro se;

B. The defendant must provide a factual basis for the admission that an act of domestic violence has occurred; and

C. Where it becomes clear that defendant does not agree that the conduct constituted an act of domestic violence, the hearing must proceed.

4.13.3 Ifpriortoorduringthefinalhearing,adefendantallegesthattheplaintiffcommitted an act(s) of domestic violence, defendant should be instructed to file a separate

IV - 14domestic violence Complaint/TRO. The complaint should receive a separate docket number and, if practicable, both cases should be heard that day unless continued for good cause.

4.13.4 Where each party has a separate Complaint/TRO: If both parties admit to or are found to have committed an act or acts of domestic violence, a final order must be entered on each separate docket number where each party is the defendant. “Mutual Restraints” cannot be issued on a single restraining order. http://www.judiciary.state.nj.us/family/dvprcman.pdf