REMEDIES AVAILABLE UNDER THE DV ACT

REMEDIES AVAILABLE UNDER THE DV ACT

Following a hearing and a finding of domestic violence, the court may issue an order

granting any or all of the following relief, including any relief “necessary to prevent further

abuse,” pursuant to N.J.S.A. 2C:25-29b.

4.14.1 Weapons

4.14.2 Further acts of violence

4.14.3 Exclusive possession of residence

4.14.4 Parenting Time and Risk Assessments

4.14.5 Monetary compensation, including support

4.14.6 Professional domestic violence counseling

4.14.7 Restraints from certain locations

4.14.8 Communication restraints

4.14.9 Other support and personal property

4.14.10 Temporary custody

4.14.11 Law enforcement accompaniment

4.14.12 No in-house restraints

4.14.13 Any other appropriate relief, including monitoring that relief

4.14.14 Prohibition from possessing weapons

4.14.15 Prohibition against stalking

4.14.1 Weapons – In addition to any other provisions, any restraining order issued by the

court shall bar the defendant from purchasing, owning, possessing or controlling a

firearm and from receiving or retaining a firearms purchaser identification card or

permit to purchase a handgun pursuant to N.J.S.A. 2C:58-3 during the period in

which the restraining order is in effect, or two years whichever is greater, except that

this provision shall not apply to any law enforcement officer while actually on duty,

or to any member of the Armed Forces of the United States or member of the

National Guard while actually on duty or traveling to or from an authorized place of

duty. [N.J.S.A. 2C:25-29b, effective January 14, 2004.]

4.14.2 Further acts of violence – An order restraining the defendant from subjecting the

victim to domestic violence, as defined in this act. [N.J.S.A. 2C:25-29b(1).]

4.14.3 Exclusive possession of residence – An order granting exclusive possession to the

plaintiff of the residence or household regardless of whether the residence or

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household is jointly or solely owned by the parties or jointly or solely leased by the

parties. This order shall not in any manner affect title or interest to any real property

held by either party or both jointly. If it is not possible for the victim to remain in the

residence, the court may order the defendant to pay the victim’s rent at a residence

other than the one previously shared by the parties if the defendant is found to have a

duty to support the victim and the victim requires alternative housing. [N.J.S.A.

2C:25-29b(2).]

4.14.4 Parenting Time and Risk Assessments - An order providing for parenting time. The

order shall protect the safety and well-being of the plaintiff and minor children and

shall specify the place and frequency of parenting time. Parenting time arrangements

shall not compromise any other remedy provided by the court by requiring or

encouraging contact between the plaintiff and defendant. Orders for parenting time

may include a designation of a place of parenting time away from the plaintiff, the

participation of a third party, or supervised parenting time. [N.J.S.A. 2C:25-29b(3).]

The court shall consider a request by a custodial parent who has been

subjected to domestic violence by a person with parenting time rights to a child in

the parent’s custody for an investigation or evaluation by the appropriate agency to

assess the risk of harm to the child prior to the entry of a parenting time order. Any

denial of such a request must be on the record and shall only be made if the judge

finds the request to be arbitrary or capricious. [N.J.S.A. 2C:25-29b(3)(a).]

The custodial parent can request an assessment of risk of harm to the child or

children posed by unsupervised parenting time with the defendant prior to the entry

of an order for parenting time. When this request is noted as a desired form of relief

on the Complaint/TRO, or when the request is made either at the emergent or final

hearing, a risk assessment must be ordered unless, on the record, the judge finds the

request to be arbitrary or capricious and thus denies the request.

Risk Assessment reports must be completed on the “Visitation Risk

Assessment Sheet” (See Appendix 15) and may be completed by in-court

professional staff person or by an outside professional. The assessment shall serve as

a minimum standard for assessing the potential risk of harm to children posed by

establishing a parenting time schedule with the defendant. The order for a Risk

Assessment should also prompt the setting of a return date before the court in

approximately three weeks. The Risk Assessment report should be completed prior

to the scheduled date and provided to the parties and counsel along with a

“Protective Order” pursuant to the standards adopted by the Judiciary (See Appendix

16).

If interim parenting time is ordered during the initial three week period, and

the vicinage has a court-sponsored or approved supervised visitation site, the

parenting time should be supervised by an individual designated by the court or

through the auspices of the supervised parenting time program and should have clear

instructions regarding the arrival and departure of the victim, children and defendant

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so as not to compromise the safety of the victim in any way. Security must be

available at the parenting-time site, and the individual(s) who is (are) supervising the

parenting time must be advised as to the emergency procedures that must be

employed if a particular parenting time session appears dangerous. If the Risk

Assessment has not been completed before the return date, the court may enter an

interim order to continue supervised visitation or hold the hearing to consider any

additional applications or evidence that relates to the issue of parenting time.

The court shall consider suspension of the parenting time order and hold an

emergency hearing upon an application made by the plaintiff certifying under oath

that the defendant’s access to the child pursuant to the parenting time order has

threatened the safety and well-being of the child. [N.J.S.A. 2C:25-29b(3)(b).]

Pursuant to N.J.S.A. 2C:25-29b(3)(b), a plaintiff in a domestic violence

matter may, as a form of pre- or post-dispositional relief, request that an order for

parenting time issued pursuant to N.J.S.A. 2C:25-29b(3) be suspended. A hearing

must then be held upon the plaintiff’s application that the defendant’s continued

access to the child or children pursuant to the parenting time order has threatened the

safety and well-being of the child or children.

This request may be made immediately upon the entry of an order for

parenting time or at any point subsequent to the entry of such an order.