APPEARANCE BY BOTH PARTIES IN DV CASES

APPEARANCE BY BOTH PARTIES IN DV CASES

4.10.1 When both parties appear for a Final Hearing, the victim and defendant should be

kept in different locations and directed to the appropriate intake or waiting area for

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case processing by the domestic violence unit. Separate waiting areas must be

available for victims to avoid potential contact, intimidation, or additional violence

or victimization.

4.10.2 Information Gathering

A. A domestic violence staff person should meet with each party, separately,

prior to court to review identifying information and to determine if the case is

likely to be a contested trial or a dismissal. The domestic violence staff

person should review with the plaintiff what relief is being sought and

explain the procedure to be followed in a trial, including the right to call

witnesses and present evidence. In addition, a victim advocate should be

available to confer with the plaintiff before the court session.

B. Court staff shall not meet with the parties together or conduct mediation of

any sort on any issue, such as custody or parenting time, per N.J.S.A. 2C:25-

29a(6) and Rule 1:40-5(a).

C. If support is being sought as a relief, staff should ensure that both parties

have completed the required forms with complete identifying and financial

information. Staff support should be provided to the judge to calculate Child

Support Guidelines.

D. Counsel for the parties may participate in the staff held meetings. No party

shall be required to meet with opposing counsel without his/her clear, express

consent.

4.10.3 No Mediation. There shall be no mediation of any kind in domestic violence cases.

4.10.4 Request for Continuance. The court may grant an adjournment or continuance if

either party requests an adjournment for the purpose of obtaining or consulting with

an attorney, securing witnesses, or other good cause, unless the delay would create

an extreme hardship on the other party, or there has been an inordinate delay in

seeking counsel.

4.10.5 Court Files. At the time of the Final Hearing, the court’s file should contain the

Complaint/TRO; the Victim Information Sheet; FACTS history of the parties and

children; and prior domestic violence history, if any; and relevant financial, social

and criminal record history.

4.10.6 Confidentiality. All records maintained pursuant to the PDVA are confidential as

specified by N.J.S.A. 2C:25-33. However, all court proceedings under the Act are

open unless closed by the court in accordance with the Rules.