DOMESTIC VIOLENCE DEFINITIONS NJ

SECTION I DOMESTIC VIOLENCE DEFINITIONS

1.1 “Child in common” – the child of the plaintiff and the defendant.

1.2 “Criminal Complaint” – formal process under the Code of Criminal Justice of New Jersey (N.J.S.A. 2C) using a CDR-1 (summons) or CDR-2 (warrant); must comport with all rules and procedures under the criminal code.

1.3 “Defendant” – A person at least 18 years old or emancipated who is alleged to have committed or has been found to have committed an act(s) of domestic violence under the Prevention of Domestic Violence Act (PDVA). See also sections 1.8 and 2.1.3C.

1.4 “Domestic Violence” – the occurrence of one or more of the following criminal offenses upon a person protected under the Prevention of Domestic Violence Act of 1991:

Homicide..........................................................................N.J.S.A. 2C:11-1 et seq. Assault .............................................................................N.J.S.A. 2C:12-1 Terroristic threats.............................................................N.J.S.A. 2C:12-3 Kidnapping.......................................................................N.J.S.A. 2C:13-1 Criminal restraint .............................................................N.J.S.A. 2C:13-2

False imprisonment..........................................................N.J.S.A. 2C:13-3 Sexual assault...................................................................N.J.S.A. 2C:14-2 Criminal sexual contact ...................................................N.J.S.A. 2C:14-3 Lewdness..........................................................................N.J.S.A. 2C:14-4 Criminal mischief.............................................................N.J.S.A. 2C:17-3 Burglary ...........................................................................N.J.S.A. 2C:18-2 Criminal trespass..............................................................N.J.S.A. 2C:18-3 Harassment.......................................................................N.J.S.A. 2C:33-4 Stalking ............................................................................N.J.S.A. 2C:12-10

1.5 “Domestic Violence Central Registry” or DVCR – Statewide registry established under N.J.S.A. 2C:25-34 (See Appendix 22).

1.6 “Domestic Violence Civil Complaint” – A multi page application (the civil complaint) and temporary restraining order issued by the Superior Court or Municipal Court. Referred to as “Complaint/TRO.”

1.7 “Domestic Violence Response Team” – Law Enforcement agencies are required by N.J.S.A. 2C:25-20b(3) to establish such teams of persons trained in counseling, crisis intervention or in the treatment of domestic violence and neglect and abuse of the elderly and disabled victims. Also known as Domestic Violence Crisis Teams.

1.8 “Emancipated Minor” – Under the PDVA, a minor is considered emancipated from his or her parents when the minor:

A. Is or has been married,

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B. C. D.

Has entered military service, Has a child or is pregnant, or,

Has been previously declared by the court or an administrative agency to be emancipated.

1.9 “Exparte”–asusedinthismanual,anapplicationforaTROwherethejudgeorhearing officer takes testimony only from the plaintiff without notice to the defendant of the application.

1.10 “Final Restraining Order” or FRO – A civil order under the PDVA restraining defendant (Appendix 10); entered after a hearing when defendant has been served with a TRO; remains in effect until further order of the court and is enforceable under the federal full faith and credit provision of Violence Against Women Act (VAWA), see Section VII.

1.11 FM or FD docket – A case which is opened by a complaint for divorce or separate maintenance is given a docket number by Family Court starting with FM; a case which is opened by a complaint for custody, support, paternity or parenting time is given an FD docket number.

1.12 FV or FO docket number – A case that is opened by signing and filing a civil complaint under the PDVA is given an FV docket number. A case which is opened by filing of criminal charges for a violation of an order issued under the PDVA is given an FO docket number; a weapons forfeiture matter is also given an FO docket.

1.13 “Law Enforcement Officer” – A person whose public duties include the power to act as an officer for the detection, apprehension, arrest and conviction of offenders against the laws of this State.

1.14 “Prevention of Domestic Violence Act” or PDVA– N.J.S.A. 2C: 25-18 to 2C:25-35.

1.15 “Plaintiff” – A person who seeks or has been granted relief under the PDVA.

1.16 “Personal Service” – Service that requires a law enforcement officer or other authorized person to personally serve the defendant and/or plaintiff with a TRO, FRO or other order issued under the PDVA.

1.17 “Petitioner” – Plaintiff or victim who seeks to enforce or register an out of state Order of Protection in New Jersey.

1.18 “Temporary Restraining Order” or TRO an order entered pursuant to a complaint under the PDVA; is temporary by its terms and requires that a full hearing be scheduled within 10 days. A TRO shall continue in effect until further order of the court (Appendix 2).

1.19 “Victim Advocate” – also known as domestic violence program liaison; a person who is specially trained in domestic violence, both the dynamics and the law, employed by or

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working as a volunteer of any domestic violence project, shelter, woman’s program or the like.

1.20 “Victim of Domestic Violence” – a person protected by the PDVA and includes any person:

A.

B.

C.

Who is 18 years of age or older, or who is an emancipated minor, and who has been subjected to domestic violence by:

  

Spouse Former spouse Any other person who is a present or former household member, or

Who, regardless of age, has been subjected to domestic violence by a person:

 With whom the victim has a child in common, or

 With whom the victim anticipates having a child in common, if one of the parties is pregnant, or

Who, regardless of age, has been subjected to domestic violence by a person with whom the victim has had a dating relationship.

1.21 Weapons - means anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to, all (1) firearms, even though not loaded or lacking a clip or other component to render them immediately operable; (2) components which can be readily assembled into a weapon; (3) gravity knives, switchblade knives, daggers, dirks, stilettos, or other dangerous knives, billies, blackjacks, bludgeons, metal knuckles, sandclubs, slingshots, cesti or similar leather bands studded with metal filings or razor blades imbedded in wood; and (4) stun guns; and any weapon or other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air. N.J.S.A 2C:39-1r.