How to Enforce or Request a Change of a Domestic Violence Restraining Order or Sexual Assault Survivor Protection Order

 How to Enforce or Request a Change of a Domestic Violence Restraining Order or Sexual Assault Survivor Protection Order

If your docket number starts with the letters “FV,” and you have an order from the court that you want to change. Some types of changes you can request in a motion include but are not limited to: 

• Change(s) to an existing or establishment of a Child/Spousal Support Order; 
• Change(s) to an existing Custody or Parenting Time Order 
• Prohibition against contact with others 
• Remove or Add a Protected Party (Please note in order to do this you must be either the Plaintiff or Defendant) 
• Financial Reliefs, such as housing or living expenses 
• Damages or Payments, such as compensation for property damage or other losses 
• Possession of Personal Property. 

Source https://njcourts.gov/forms/12093_dv_saspa.pdf

Things to Think About Before You Represent Yourself in Court 

Try to Get a Lawyer 

The court system can be confusing and it is a good idea to get a lawyer if you can. 

What You Should Expect If You Represent Yourself 

• The Court cannotgive you legal advice. Only your lawyer can give you legal advice. 

• The Court cannottell you whether or not you should bring your case to court. 

• The Court cannotgive you an opinion about what will happen if you bring your case to court.

• The Court cannotrecommend a lawyer, but The Court can provide you with the telephone number of a local lawyer referral service. 

• The Court cannottalk to the judge for you about what will happen in your case. 

• The Court cannotlet you talk to the judge outside of court. 

• The Court cannotchange an order issued by a judge. 

These Papers Are for Filing an Application to Modify a Domestic Violence Restraining Order or Sexual Assault Protective Order 

The word application used in this means a written request in which you ask the court to change or enforce an order it has already made. The court will change an order only if important facts or circumstances have changed from the time the order was issued. 

Notice to Appear 

            When someone files an application with the court, you must provide the your attorney and court with the most current address of the other party (if known).. Your appearance is mandatory. 

Source https://njcourts.gov/forms/12093_dv_saspa.pdf

Confidential Litigant Information Sheet 

This form must be completed to the best of the ability of the person filing this application. If something does not apply to you, put “n/a”. Do not leave any blank spaces. This form is confidential and will not be shared with the other party. 

Definitions of Words Used

Application: An applicationis a written request in which you ask the court to issue an order or to change an order that has already been issued.  Award: An award is the final decision of a judge granting damages or other relief to a party. Certification: A certification is a written statement made to the court when you file papers with the  court, swearing that the information contained in the filed papers is true.  Child Support Number (also referred to as “CS Number”): The Child Support Number is the identifying number assigned to your child, spousal, or alimony support case.  Court Order: A court order is the written decision issued by a court of law. For example, a child support court order sets forth how often, how much, and what kind of support is to be paid.  Compensatory Damages: An award of money in for actual economic loss, property damage, or injury. Docket Number: The docket number is the identifying number assigned to every case filed in the court.  Exhibits: Exhibits are written documents you provide to the court to support what you want the court to decide.  FV: The letters the court uses to identify a Domestic Violence restraining order and a Sexual Assault Protection Order.  File: To file means to give the appropriate forms to the court to begin the court’s consideration of your request.  Modification:A change made to court order. Party: A party is a person, business, or governmental agency involved in a court action.  Property Damage: Property damage is injury to real or personal property through another's negligence or willful destruction.  Punitive Damages: Punitive damages are awarded for the express purpose of punishing the defendant, and to deter future similar acts.  Relief: To ask for relief is to ask the court to grant something such as custody, parenting time, or support.  Support Obligation:Support Obligation is the amount of support that the court orders the obligor to pay. The court order includes how much and how often support has to be paid (i.e., per week, per month, bi-weekly, etc.).

source https://njcourts.gov/forms/12093_dv_saspa.pdf

Definitions of Words Used in This Packet (continued)

Support Enforcement: The Probation Division is required to enforce court orders that call for the payment of child support, health care coverage, and/or spousal support/alimony. If support is not being paid timely, Probation Support Enforcement has many state and federal tools available to enforce child support orders. These can include, but are not limited to:  Income withholding  Court hearing  Bench warrant  Tax offset – federal and state  Judgment (liens attached to property & assets)  Credit bureau notification  Financial Institution Data Match (FIDM) – seizure of bank accounts  Child Support Lien Network (CSLN) – seizure of proceeds from law suits  Passport denial  License suspension  Lottery interception

source https://njcourts.gov/forms/12093_dv_saspa.pdf

Instructions for Completing the Application to Modify a Court Order 

source https://njcourts.gov/forms/12093_dv_saspa.pdf