4.5 INITIAL/EMERGENT HEARING NJ

4.5 INITIAL/EMERGENT HEARING NJ

4.5.1

4.5.2

4.5.3

4.5.4

4.5.5

4.5.6

Once a domestic violence victim has been interviewed and the necessary paperwork has been processed and is ready for court, every effort should be made for the case to be heard within one hour.

In those cases where both parties appear at the courthouse and each seeks a temporary restraining order against the other, a judge should hear each Complaint/TRO separately and grant relief where appropriate. The same judge should consider these complaints to ensure that the orders do not contain conflicting provisions for such matters as possession of the residence and custody of the children.

At the initial hearing, the court upon ex parte application shall administer an oath to the applicant and take testimony regarding (a) the alleged domestic violence; (b) the past history of domestic violence between the parties, if any; (c) the reason the applicant’s life, health, or well-being is endangered; (d) whether firearms or weapons are present or available to the defendant; and shall (e) state with specificity the reasons for and scope of any search and seizure authorized by the Order (See Section on Weapons); and (f) make general inquiry as to all relief requested by the applicant to determine the appropriateness of same.

The judge or DVHO shall review all related case files involving the parties; ensure that plaintiff is informed about legal rights and options and available protective services, including shelter services, safety planning, etc.; explain to the plaintiff the domestic violence legal process and procedures; establish a record, including findings of fact and conclusions of law forming the basis of any determination; rule on the admissibility of evidence; amend the complaint to conform to the testimony, where appropriate; and prepare a comprehensive case specific TRO, where one is to be entered. When a TRO is granted, the order must be completed and signed in accordance with Rule 5:7A.

After hearing testimony from the victim, the judge will issue or deny the TRO, setting forth the reasons therefore. Unless the judge denies the TRO and dismisses the Complaint/TRO, a return date for the Final Hearing is to be set within ten (10) days.

When a TRO is granted, the Order must be completed and signed by the judge. Copies shall be provided to:

IV - 64.5.7

A. The victim;

B. The law enforcement agency of the municipality in which the victim resides or is sheltered; and

C. The law enforcement agency which will serve the defendant with the Complaint/TRO.

When a TRO is not granted, the court must check the box stating that the TRO was denied and sign the order. This automatically dismisses the Complaint/TRO. (NOTE: If the TRO is denied, no copy of the Complaint/TRO is to be provided to the defendant. If a later TRO refers to the prior complaint, a copy of the prior complaint can be provided to the defendant upon request even though the prior complaint was

dismissed.)

If after the entry of a TRO, the plaintiff returns to court to amend the TRO/Complaint, an amended complaint containing the additional allegation(s) should be taken. The defendant shall be served with the amended TRO complaint in accordance with the procedures in section 4.6. If the defendant has not been served with the amended complaint prior to the Final hearing an adjournment may be granted and a continuance order or amended TRO be issued if defendant needs additional time to prepare.