Monetary Compensation, including Support IIN DV CASES

Monetary Compensation, including Support - An order requiring the defendant to

pay to the victim monetary compensation for losses suffered as a direct result of the

act of domestic violence. The order may require the defendant to pay the victim

directly, to reimburse the Victim of Crime Compensation Agency for any and all

compensation paid by the Victim of Crime Compensation Agency directly to or on

behalf of the victim, and require that the defendant reimburse any parties that may

have compensated the victim, as the court may determine. Compensatory losses

shall include, but are not limited to, loss of earnings or other support, including child

or spousal support, out-of-pocket losses for injuries sustained, cost of repair or

replacement of real or personal property damaged or destroyed or taken by the

defendant, cost of counseling for the victim, moving or other travel expenses,

reasonable attorney’s fees, court costs, and compensation for pain and suffering.

Where appropriate, punitive damages may be awarded in addition to compensatory

damages. [N.J.S.A. 2C:25-29b(4).]

Each county shall establish a procedure for the collection and distribution of

emergent monetary relief, whether ordered by the Superior Court or Municipal

Court. Special care should be taken to avoid the entry of an order that requires the

victim to have contact with the defendant in order to receive money under this

section. Courts. Courts should give consideration to all forms of monetary relief

listed in the statute, above.

IV - 17

Support may be ordered in an FRO pursuant to N.J.S.A. 2C:25-29b (4) and

(10), which provides for both emergent monetary relief that includes emergency

support for minor children and compensatory losses in the form of child or spousal

support. An order for emergency monetary relief or child support or spousal support

may be entered without prejudice to a pending dissolution case, particularly when

done on an ex parte basis. Monetary compensation in the form of ongoing support

utilizing the child support guidelines, where applicable, should be issued at the final

hearing if the court is able to consider testimony. All child support shall be paid by

income withholding from any source of funds or income.