ENFORCEMENT OF LITIGANT’S RIGHTS PROCEEDINGS NJ

ENFORCEMENT OF LITIGANT’S RIGHTS PROCEEDINGS NJ

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When a plaintiff alleges that the defendant violated a portion of Part II of a restraining order (i.e., pertaining to parenting time, monetary compensation, professional domestic violence counseling, rent or mortgage payments or possession of personal property), the plaintiff should be directed to Family Division, during normal court hours to file an application (by motion or affidavit) to enforce these provisions. A domestic violence advocate should be available to speak to the plaintiff.

The designated domestic violence staff person should speak to the plaintiff to determine (a) whether a restraining order violation has occurred; (b) if the person is seeking the type of relief that civil enforcement can provide; and (c) if another type of procedure is more appropriate. If the plaintiff is seeking enforcement of issues in Part I (other than parenting time, monetary compensation, receipt of professional domestic violence counseling, rent or mortgage payments or possession of personal property), staff should explain the criminal procedures regarding filing criminal complaints and advise the party of the option to initiate criminal procedures with the appropriate police department or the prosecutor’s office. In addition, plaintiff should be told of the option to have any of these issues addressed by Family Court.

When a defendant alleges that the plaintiff has not abided by the terms of a restraining order, for example, parenting time or possession of personal property, the defendant should be directed to Family Division, during normal court hours to file an application (by motion or affidavit) to enforce these provisions.

If the issue is appropriate for civil enforcement, the court, should provide forms to the plaintiff to prepare an application to the court (motion or affidavit) pursuant to Rule 1:10-3 or Rule 5:3-7. Where available, the plaintiff should be assisted by the victim advocate or victim witness representative. If the issue is the modification or enforcement of child support, the matter can be scheduled before a Child Support Hearing Officer (CSHO), pursuant to CSHOP Standard 7 (See Appendix 20). Otherwise, the matter should be listed before the judge who granted the order, where possible. The matter should be reopened using the same docket number and case file. The judge hearing the matter should have the complete file.

If the litigant (either plaintiff or defendant) believes that the matter is emergent, the domestic violence staff person should provide the necessary forms to assist the litigant in preparing an Order to Show Cause (OTSC), which should be presented to the judge forthwith to determine whether the request is emergent. Whenever possible, the judge who issued the original order should review the proposed OTSC, grant any or all relief, and set a return date, or deny the application. If a return date is set for the OTSC, the matter should be scheduled on the next designated domestic

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violence enforcement day for which regular notice can be arranged. If the OTSC is denied, the litigant can be referred back to intake to file a motion/affidavit.

After the matter is reopened and processed, a request for an OTSC shall be brought to the judge as quickly as possible, so that the OTSC can be signed if the judge is satisfied with the sufficiency of the application and a return date for the enforcement hearing can be set on short notice. Wherever possible, the judge who issued the original order should review the proposed OTSC. That judge can also hold the enforcement hearing. Motions made pursuant to Rule 1:10-3 should be returnable for the next designated domestic violence enforcement day for which regular notice can be arranged, but in any event no longer than two weeks.

The moving party will receive a copy of the OTSC while in court and the other party shall be served with the OTSC, motion or affidavit pursuant to court rules. Service of papers and notice of hearing shall be prepared by Family Division. Family Division staff should ensure that the plaintiff’s address is not disclosed to the defendant. The notice should state to the responding party that non-appearance may result in the requested relief being granted.

Any modifications granted by the court should be recorded in a new final order that also includes all the non-amended prior relief, recorded on an Amended FRO. This must be served in the same manner as an FRO. This order should also specifically set forth all prior relief which was not modified, and not just refer to the former order, to ensure that there is only one final order that sets forth all of the relief. If the only relief being amended is the child support provisions, then a new USSO may be used instead of an amended FRO.