Temporary Custody IN DV CASES

Temporary Custody - An order awarding temporary custody of a minor child. The

court shall presume that the best interests of the child are served by an award of

custody to the non-abusive parent. [N.J.S.A. 2C:25-29b(11).]

Violations of orders for temporary custody issued pursuant to this section are

included within the scope of N.J.S.A. 2C:29-9b, Contempt. Arrest and criminal

charges are mandatory when such an order is violated.

As set forth in the statute, when making custody decisions in domestic

violence cases, the court must presume that “the best interests of the child are served

by an award of custody to the non-abusive parent.” This mandate reflects the policy

stated in the legislative findings section, N.J.S.A. 2C:25-18, “that there is a positive

correlation between spousal abuse and child abuse, and that children, even when they

are not themselves physically assaulted, suffer deep and lasting emotional effects

from exposure to domestic violence.”

4.14.11 Law Enforcement accompaniment - An order requiring that a law enforcement

officer accompany either party to the residence or to any shared business premises to

supervise the removal of personal belongings in order to ensure the personal safety of

the plaintiff when a restraining order has been issued. This order shall be restricted

in duration. [N.J.S.A. 2C:25-29b(12).]