TRANSFER OF DV MATTERS BETWEEN COUNTIES

TRANSFER OF DV MATTERS BETWEEN COUNTIES

Pursuant to N.J.S.A. 2C:25-29 and Rule 5:7A, a final hearing is to be held “in the county

where the ex parte restraints were ordered, unless good cause is shown for the hearing to be

held elsewhere.” A Domestic Violence matter may be transferred between vicinages by order

of the presiding judge or his or her designee in the following situations:

A. Plaintiff or defendant works in family court in the original county of venue,

consistent with the judiciary “Policy and Procedures for Reporting Involvement in

Criminal/Quasi- Criminal Matters”;

B. There is an FM or FD matter pending in the other county;

C. The filing of the TRO and FRO are where the act(s) occurred but plaintiff or both

parties reside in another county, upon application by either party;

D. Such other matters for good cause shown.

See also Directive #3-05, “Intercounty Child Support Case Management Policy.”

4.12 FINAL HEARING

A final hearing is described in N.J.S.A. 2C:25-29a as follows:

A hearing shall be held in the Family Division of the Chancery Division of

the Superior Court within 10 days of the filing of a complaint pursuant to

section 12 of this act in the county where the ex parte restraints were ordered,

unless good cause is shown for the hearing to be held elsewhere. A copy of

the complaint shall be served on the defendant in conformity with the Rules

of Court. If a criminal complaint arising out of the same incident that is the

subject matter of a complaint brought under N.J.S.A. 2C:25-28a has been

filed, testimony given by the plaintiff or defendant in the domestic violence

matter shall not be used in the simultaneous or subsequent criminal

proceeding against the defendant, other than domestic violence contempt

matters and where it would otherwise be admissible hearsay under the Rules

of Evidence that govern unavailable parties. At the hearing the standard for

proving the allegations in the complaint shall be by a preponderance of the

evidence. The court shall consider but not be limited to the following

factors:

(1) The previous history of domestic violence between the plaintiff and

defendant including threats, harassment and physical abuse;

(2) The existence of immediate danger to person or property;

(3) The financial circumstances of the plaintiff and defendant;

(4) The best interests of the victim and any child;

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(5) In determining custody and visitation, the protection of the victim’s

safety; and

(6) The existence of a verifiable order of protection from another

jurisdiction.

When the allegations in the plaintiff’s complaint are incomplete and/or it becomes

evident at the final hearing that the plaintiff is seeking a restraining order based upon acts

outside the complaint, the court, either on its own motion or on a party’s motion, shall amend

the complaint to include those acts, which motion shall be freely granted. Due process

requires that the judge make an inquiry as to whether the defendant needs additional time to

prepare in light of the amended complaint. A brief adjournment may be required if the judge

determines that the defendant did not have adequate notice and needs time to prepare. If an

adjournment is granted, a continuance order or an amended TRO shall be entered.

If there is a verifiable order for protection from another state and the court has

jurisdiction over the defendant then the acts of violence that lead to that Order may be

viewed as providing adequate basis for the issuance of like restraints in New Jersey, without

a need for alleging additional acts of violence (See Section VII on Full Faith and Credit.)