What is domestic violence in NJ?

What is domestic violence in NJ?

Domestic violence is the occurrence of one or
more of the following 14 criminal offenses upon a
person protected under the Prevention of
Domestic Violence Act (PDVA) of 1991:
homicide, assault, terroristic threats, kidnapping,
criminal restraint, false imprisonment, sexual
assault, criminal sexual contact, lewdness,
criminal mischief, burglary, criminal trespass,
harassment, or stalking. In domestic violence
cases, the plaintiff is a person who seeks or has
been granted relief under the PDVA. The
defendant is a person at least 18 years old or
emancipated who is alleged to have committed or
who has been found to have committed an act of
domestic violence under the PDVA. The parties
must have had a specific relationship at present or
in the past. The gender of the parties is not a
factor.
The relationship must be one of the following:
marriage; separation; divorce; living together in
the same household at present or in the past; a
person whom the plaintiff has dated or a person
with whom the plaintiff has a child in common or
anticipates having a child in common. The
defendant must be 18 or older or be an
emancipated minor. Under the PDVA, a minor is
considered emancipated from his or her parents
when the minor is or has been married, 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.

What is a restraining order?

A restraining order is an order issued by the court
that is intended to protect a victim of domestic
violence. The provisions contained in this type of
court order are based upon the circumstances and
vary from case to case.

Who can qualify for a restraining order?

A victim of domestic violence is a person who is
18 years of age or older, or who is an emancipated
minor, and who has been subjected to domestic
violence by :a spouse, former spouse, 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. A
defendant must be 18 or emancipated.

How does a person apply for a restraining

order?

A person may file where the domestic violence
occurred, where the defendant resides, where the
plaintiff resides, or where the plaintiff is sheltered
or temporarily staying. A domestic violence
complaint can be filed at the Domestic Violence
Unit of the Superior Court/Family Division
Monday through Friday, 8:30 a.m. to 3:30 p.m.
On weekends, holidays and weekdays after 3:30
p.m. and other times when the Superior Court is
closed, a plaintiff may file a complaint at the local
police department.

What are criminal charges?

In addition to requesting a restraining order, the
plaintiff can file a criminal complaint arising from
the same incident. The plaintiff can file criminal
charges; request a restraining order, or both. If
there are visible signs of injury, the police officer
must sign a criminal complaint. A criminal
complaint may be filed where the alleged act
occurred, where the defendant resides, where the
plaintiff resides, or where the plaintiff is sheltered
or temporarily staying.

What happens when the restraining order

is requested at the courthouse?

A domestic violence staff member will interview
the plaintiff and ask specific questions that pertain
to the incident that has brought them to court and
about past incidents of domestic violence. After
the interview, there will be a hearing with a
domestic violence hearing officer or judge. This
hearing is without notice to the defendant.
If the restraining order is granted, the plaintiff will
be issued a temporary restraining order (TRO). If
the hearing officer does not recommend a TRO,
the plaintiff may request to have the matter heard
before a judge. If the court issues a TRO, the
plaintiff will be given a date to return for a final
restraining order (FRO) hearing within 10 days.
Copies of the TRO will be sent to law
enforcement for personal service on the defendant.
The plaintiff and defendant need to appear on the
scheduled day of the final hearing.

What happens at the Final Restraining

Order hearing?

In the hearing, the judge will hear testimony from
both parties. The judge will decide whether an act
of domestic violence occurred, whether a final
restraining order (FRO) should be issued and if so,
what types of relief will be granted.
If a judge finds that an act of domestic violence
has occurred, the defendant may be prohibited
against future acts of domestic violence. He or
she may be barred from the plaintiff’s residence,
place of employment or other places; prohibited
from having any oral, written, personal, or
electronic form of contact or communication with
the plaintiff or others; and prohibited from making
or causing anyone else to make harassing
communications to the plaintiff or others. The
defendant may be prohibited form stalking,
following, or threatening to harm, stalk, or follow
the plaintiff or others. The defendant may be
ordered to pay child support, emergent monetary
relief, attend substance abuse counseling or other
evaluations. The defendant will be prohibited
from possession of weapons.
The plaintiff may be issued exclusive possession
of the residence, temporary custody of children,
support, medical coverage, damages, and other
items.
If the FRO is issued, the defendant will be
photographed and fingerprinted and will be
ordered to pay a penalty of $50 to $500 payable
through the court’s finance department.
A copy of the FRO will be given to both parties.
It is important to review the order before leaving
the building to ensure accuracy.
The Family Division will forward a copy of the
order to the police department in the municipality
where the plaintiff resides. The plaintiff should
also provide copies to work, daycare centers,
schools, and any other places of significance. The
plaintiff should keep the FRO in his or her
possession at all times. If lost, additional copies
may be requested at the Domestic Violence Unit
where the order was entered.

Should the parties bring anything to the

Final Restraining Order hearing?

Parties should bring photos of injuries and
property damage, witnesses, medical documents,
receipts from property damage and financial
information if requesting rent/mortgage payments,
spousal or child support, or any other important
documents. Bring anything you want the court to
consider. Bring an attorney if you have retained
one.

New Jersey Judiciary

The Prevention of Domestic

Violence Act

Family Practice Division
Administrative Office of the Courts
New Jersey Judiciary
Trenton, New Jersey 08625
Stuart Rabner
Chief Justice
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Robert W. Smith
Director, Trial Court Services
Harry T. Cassidy
Assistant Director, Family Practice
njcourts.com
Updated 05/2010
CN 11253 - English
dismissal of an order. If the plaintiff wishes to
reconcile with the defendant the plaintiff must
appear before a judge in the Family Division of
Superior Court to request a dismissal. Contact
between the plaintiff and defendant in advance of
a court order subjects the defendant to criminal
prosecution. If the restraining order is dismissed,
there still may be pending criminal charges that
need to be addressed separately in the appropriate
Municipal or Criminal Court.

What happens to child support if the

plaintiff asks for the Final Restraining

Order to be dismissed?

If the FRO is dismissed, child support can be
continued on a new order if requested.

What if the parties want to attend

counseling?

The parties may not attend counseling together if
there is an order in effect. There is no mediation
of any kind if there is a restraining order in effect
or a history of domestic violence.

Does the Final Restraining Order expire?

FROs do not expire in New Jersey. Additionally,
the Full Faith and Credit provisions of the Federal
Violence Against Women Act requires all states,
US territories and commonwealths to enforce
restraining orders. This means if you leave New
Jersey, your order is enforceable in every state,
US territory, and commonwealth. Keep the order
with you at all times.

What if the plaintiff appears for court and

the defendant fails to appear?

The judge may issue an FRO against the
defendant if there is proof of service or testimony
that the defendant was aware of the hearing date.
If there is no proof that the defendant has been
served, a new date may be scheduled and the TRO
will remain in effect. A law enforcement officer
will serve the defendant with a copy of the final
order.

What if the defendant is not abiding by the

order?

Enforcement occurs when the plaintiff seeks to
have the defendant comply with provisions
outlined in an existing order. The restraining
order is divided into two parts. Part 1 contains
restraints against contact and Part 2 primarily
deals with financial and parenting issues. If the
defendant is not complying with any provision
outlined in Part 1 of the restraining order, the
plaintiff may go to the police station and sign
criminal charges. If the defendant is not
complying with Part 2 of the order, it must be
enforced through Family Court.
Domestic violence matters are serious in nature
and if at any time either party is unsure about
court procedures he or she should call the police
or contact Family Court.

What happens if the plaintiff wants to

dismiss or modify an existing restraining

order?

An order can be modified when one party seeks to
add or change provisions of an order. Any request
to dismiss or make changes to an existing order
must be done in person and heard before a judge.
Restraining orders cannot be dropped or modified
by telephone. If the plaintiff reconciles with the
defendant, it does not mean an automatic

from A Guide to the Most Frequently Asked

Questions

Domestic violence related inquiries

Please call  609-984-4228, or

njcourts.com

Statewide Domestic Violence Hotline:

(Womanspace Inc.)

24 Hour Hotline:  1-800-572-SAFE

TTY:  1-888-252-7233

National Domestic Violence Hotline

 1-800-799-SAFE

New Jersey Coalition

For Battered Women:

 609-584-8107

TTY:  609-584-0027

njcbw.org