DEFINITIONS in Domestic Violence”

DEFINITIONS in Domestic Violence” 

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. Has entered military service,

C. Has a child or is pregnant, or,

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

emancipated.

1.9 “Ex parte” – as used in this manual, an application for a TRO where the judge or hearing

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. 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

B. 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

C. 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.

SECTION II

INITIAL PROCEDURES

2.1 WHERE, WHEN AND HOW DOMESTIC VIOLENCE COMPLAINTS ARE TO BE

FILED

2.1.1 A victim of domestic violence must have access to the courts at all times. Law

enforcement, Municipal and Superior Court staff must be advised that victims should

never be turned away because of the inconvenience of arranging off-hours

emergency relief.

2.1.2 A law enforcement officer responding to a domestic violence call must provide the

victim with assistance to file either a criminal or civil Complaint/TRO or both. Under

no circumstances should an officer prevent or discourage a victim from seeking

immediate temporary relief merely because the domestic violence occurs after

regular business hours.

2.1.3 Special Provisions for persons under 18 years of age:

A. A victim may be below the age of 18, may sign the Complaint/TRO and does

not need the consent of a parent or guardian to file or withdraw a complaint

or to request a modification of an existing order.

B. The domestic violence defendant must be over the age of 18 or emancipated

at the time of the offense. (See emancipated minor definition, Section 1.8, for

criteria in determining whether a person is emancipated.)

C. A person under 18 years of age and not emancipated who commits an act of

violence may not be a defendant in a civil domestic violence case but can be

charged with specific acts of domestic violence (e.g., assault) under the Code

of Juvenile Justice. The entry of pre or post-dispositional restraints can also

be considered for use in the juvenile delinquency case.

2.2 APPLICATION FOR A TEMPORARY RESTRAINING ORDER (TRO)

2.2.1 A victim may file a domestic violence complaint:

A. Where the alleged act of domestic violence occurred;

B. Where the defendant resides;

C. Where the victim resides; or,

D. Where the victim is sheltered or temporarily staying.

2.2.2 During Court hours for domestic violence matters (Monday through Friday,

8:30 AM to at least 3:30 PM):

A. The victim should be transported or directed to the Family Division of

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Superior Court, provided the victim can arrive prior to 3:30 PM.

B. Where transportation of the victim to the Superior Court is not feasible, the

officer should contact the Family Division, Domestic Violence Unit. There

are occasions when a person seeking to file a domestic violence

Complaint/TRO arrives too late in the day for it to be processed and heard

during regular court hours. During the interim period between the Domestic

Violence Unit’s close of business and when the courthouse actually closes,

victims shall not be turned away. Each county shall develop a procedure in

such instances for either in-person or telephonic communication under Rule

5:7A between the victim and an on-site or emergent duty judge, so that the

request for emergent relief can be handled without the necessity of the victim

having to go to the local police station or the Municipal Court. (See section

4.4)

2.2.3 On weekends, holidays and weekdays after 3:30 PM and other times when the

Superior Court is closed,

A. A victim may sign the domestic violence complaint with a law enforcement

agency as set forth in 2.2.1.

B. The victim’s complaint shall be processed promptly. Under no circumstances

should the victim be advised to appear in the Superior Court, Family Division

the next business day in order to apply for a TRO.

C. If a TRO is denied by a Municipal Court judge, the denial and the

Complaint/TRO must still be faxed or forwarded to the Family Division

within 24 hours for an administrative dismissal. A victim whose

Complaint/TRO has been dismissed in this manner is not barred from refiling

in the Family Division based on the same incident and receiving an

emergency ex parte hearing de novo. Every denial of relief by a Municipal

Court judge must so state, with specificity in the “Comments” portion of the

TRO and the victim must be advised of the right to refile with the Superior

Court, Family Division.

2.3 WHERE TO FILE A CRIMINAL COMPLAINT WITH AN ACCOMPANYING TRO

APPLICATION AND COMPLAINT

2.3.1 When a victim is seeking a TRO, a companion criminal complaint may also be

signed against the defendant in one of the following locations:

A. Where the alleged act of domestic violence occurred, or

B. Where the defendant resides, or

C. Where the victim resides, or

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D. Where the victim is sheltered or temporarily staying.

2.3.2 The out-of-jurisdiction complaint (i.e., one taken not where the incident occurred)

should be prepared on a blank CDR and the court accepting the complaint for filing

shall have the authority to issue process and set bail as if the alleged offense had

occurred in that jurisdiction. A “blank” CDR is one without the court’s name or

municipality code in the caption.

2.3.3 The companion criminal complaint shall be forwarded to the jurisdiction where the

offense is alleged to have occurred for investigation and prosecution.

2.3.4 A criminal complaint does not preclude the victim from filing a domestic violence

complaint and seeking a TRO. A person may also file criminal charges without

seeking a TRO.

2.4 WHERE TO FILE A CRIMINAL COMPLAINT WHEN THERE IS NO

ACCOMPANYING COMPLAINT/TRO

2.4.1 The victim may file a criminal complaint with the Municipal Court or police

department where the alleged act occurred. See also Section 3.11.4.

2.4.2 If the police officer believes that no-contact provisions should be issued as a

condition of bail, the officer should inform the court of the circumstances justifying

such request when the criminal complaint is being processed and bail is about to be

set. This section shall be checked off on the appropriate form (the bail recognizance

form). The officer should include in the domestic violence offense report the reasons

for the request and the court’s disposition of the request. This order must be in

writing and given to the victim consistent with N.J.S.A. 2C:25-26.

Source: DOMESTIC VIOLENCE PROCEDURES MANUAL

https://www.judiciary.state.nj.us/family/dvprcman.pdf