CIVIL PENALTY in dv cases

CIVIL PENALTY in dv cases

4.15.1 Upon the finding of an act of domestic violence and the entry of a FRO, the court is

required to assess a civil penalty of $50.00 to $500.00 against the defendant under

N.J.S.A. 2C:25-29.1. This fee may be waived due to “extreme financial hardship.”

Such a finding must be made on the record. The court may order the payment to be

made immediately, within 30 days, or within some other specific period of time. All

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orders must also include a provision for the payment of a $2.00 Comprehensive

Adult Probation System (CAPS) transaction fee for each payment. For example, if

one payment of $50 is ordered, a $2 transaction fee is assessed, for a total of $52. If

a penalty of $500 is ordered to be paid in five installments of $100 each, a $2

transaction fee must be added to each payment, for a fee of $10 (five payments, $2

each) and a total penalty of $510. There is no provision for a refund of the penalty or

the transaction fee after dismissal of a FRO.

See section 6.4.8 regarding the Surcharge for domestic violence offender

to fund grants pursuant to N.J.S.A. 2C:25-29.4. This surcharge is in addition to

other penalties, fines and/or charges imposed pursuant to law.

4.15.2 Each county should prepare a set of specific instructions to defendants setting out the

location and address of the Finance Office where the payments are to be made. The

defendant should be provided with these instructions and directed to that office to

make payments pursuant to the court’s order. If the defendant does not appear at the

final hearing, payment instructions shall be served on the defendant along with the

FRO. The Family Division should send a copy of the order to the appropriate finance

office to enter into the CAPS system.

4.15.3 When the penalty is not paid in accordance with the Court’s order, the

Comprehensive Enforcement Program (CEP) in the Probation Division will serve as

the enforcement mechanism. These cases will be included in the normal CEP

process.