Tuesday, October 27, 2015


Surviving Domestic Violence: Your Legal Rights
This publication is co-sponsored by the New Jersey State Bar Foundation and made possible with funding from the IOLTA Fund of the Bar of New Jersey.
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Acknowledgements
This publication was made possible through a generous grant* from the New Jersey State Bar Foundation.
A great deal of thanks and appreciation is due to the members of the Rachel Coalition Legal Committee and Partners for Women and Justice who developed and edited this manual.
A special thanks to the following contributors who gave permission to reproduce portions of the handbook:
The New Jersey State Bar Association publication, Domestic Violence: The Law and You
Shelter our Sisters publication, Bergen County’s Resource Guide for Victims of Domestic Violence
Printed October, 2007.
The information in this publication is published as a public education service to help explain laws in New Jersey. It does not constitute legal advice, which can only be given by an attorney.
*This booklet was made possible by funding from the IOLTA Fund of the Bar of New Jersey. To obtain free copies, write to the New Jersey State Bar Foundation, One Constitution Square, New Brunswick, N.J. 08901-1500, call 1-800-FREE LAW or visit our Web site at www.njsbf.org.
Table of Contents
Why this Booklet was Created . . . . . . . . . . What is Domestic Violence? . . . . . . . . . . . How Children are Affected . . . . . . . . . . . . . Understanding the New Jersey
Prevention of Domestic Violence Act . . . . . How the Police can Help . . . . . . . . . . . . . .
Using the Legal Process
for Restraining Orders . . . . . . . . . . . . . . . .

Domestic Violence and the Criminal Court Creating a Safety Plan . . . . . . . . . . . . . . . . Resources:
• Where to Go for a Restraining Order . . . • Services for Domestic Violence Victims . • Domestic Violence Hotlines

and Other Useful Resources . . . . . . . . . . • Statewide Resources . . . . . . . . . . . . . . . . • Domestic Violence Website Resources . . • Rachel Coalition . . . . . . . . . . . . . . . . . . . • Partners for Women and Justice . . . . . . .
. . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . 10
. . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . 14
. . . . . . . . . . . . . . . . . 17 . . . . . . . . . . . . . . . . . 27 . . . . . . . . . . . . . . . . . 29
. . . . . . . . . . . . . . . . . 34 . . . . . . . . . . . . . . . . . 36
. . . . . . . . . . . . . . . . . 39 . . . . . . . . . . . . . . . . . 44 . . . . . . . . . . . . . . . . . 45 . . . . . . . . . . . . . . . . . 46 . . . . . . . . . . . . . . . . . 46
Why this Booklet was Created
Domestic violence is a problem that affects one out of four women during the course of her lifetime. Men can also be victims.* Most victims keep their problem a secret, sometimes feeling that the abuse is their fault or something they must handle on their own. Often victims of domestic violence live alone in a world of isolation and shame. These feelings of isolation and shame are common to victims who live in the city, the suburbs, or the country; to victims who are rich, poor, or middle class; to victims who are employed, at home, or retired; to victims who are teenage, middle age, or elderly; to victims who attend a church, a synagogue, a mosque, or have no religious affiliation.
Within each community, there are special questions and concerns that an abused woman may face as she considers taking steps to end the abuse. Will people condemn her if she reveals what is happening in her home? Will she be believed? What will she gain and what will she lose? What will happen to her children? Will she be safe? Can anybody help?
The Rachel Coalition was founded in 1997 to address the specific needs of domestic abuse in the Jewish community; however, our services are available to all on a non-sectarian basis. A partnership of nine agencies, under the auspices
of Jewish Family Service of MetroWest, Rachel Coalition’s mission is to reach out to the suburban community to let people know that help is available and that victims need not suffer alone and in silence. The Rachel Coalition offers a wide range of services to address domestic violence, including individual and group counseling for victims, a kosher safe house, legal assistance, a batterers intervention program, and educational forums and activities.


*While we recognize that victims may be men and abusers may be women, and that there may be abuse in same-sex relationships, throughout the booklet the female gender will be used when referring to victims and the male gender when referring to abusers.
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The Rachel Coalition does not work alone. New Jersey effectively advocates on behalf of battered women and has one of the strongest domestic violence laws in the country. Each county in the state has at least one comprehensive domestic violence program offering a hotline, a shelter, and counseling.
This booklet is an effort to provide information to help victims of domestic abuse. In this booklet, we explain the domestic violence laws and the steps you can take to make the laws work for you. An extensive list of useful resources can be found beginning on page 34. In the back pocket there is a worksheet to help you prepare for a court appearance.
Each victim of domestic violence is also a survivor who will find her own way out of the turmoil of domestic abuse — in her own way and at her own time. Perhaps this information does not apply to you right now or may never apply at all. But we hope that you will take this booklet and keep it somewhere safe, just in case.
And, remember, you are not the only one and you are not alone. People are here to help!
Words of thanks from Rachel clients:
“I wish I had had this booklet when I was going through my domestic violence situation. It would have saved me a lot of time and effort that I put into finding out all this information myself.”
“I am so glad that I decided to reach out for help. Rachel was there for me, just a phone call away. I was blaming myself and felt that I had scattered myself all over the place. Thanks to Rachel, I am finding myself piece by piece. The legal information was especially helpful in letting me know how to put myself back in the right direction.”
What is Domestic Violence?
Domestic violence is the physical, emotional, psychological,
and/or sexual abuse of one person by another with whom there is a relationship. Abusers use violence and threats of violence to gain power and control over their partners. Violence is never appropriate. Domestic violence can range from verbal harassment to homicide.

The Power and Control Wheel, shown below, was developed by domestic violence professionals after interviews with hundreds of victims revealed common patterns of batterer behavior. Batterers attempt to gain power and control over their victims using a number of different strategies. Physical and sexual violence are the most extreme and frightening of the tactics that batterers use to dominate their victims.
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Domestic violence is not only about physical assault. The inner sections of the wheel show other kinds of psychological tactics that batterers often use to gain control over their partners. Someone may be a victim of domestic violence when the abusive partner
is using any of these tactics to gain power and control in the relationship, even when there has not been physical violence.

The following are examples of abusive behavior. Do any of these behaviors apply to you or someone you know?
Physical:
Pushing, punching, slapping, kicking, biting, strangling Pulling hair, pinching, burning, cutting, whipping
Throwing objects
Using a weapon
Emotional/Psychological:
  • Making degrading remarks about you, your appearance or your family
  • Constant criticism (name calling, put-downs, ridiculing, blaming)
  • Yelling, swearing, humiliating you in public
  • Accusing you of flirting or having an affair
  • Harassment (constant calls, checking up on you at home or work)
    Treating you like a servant
    Threats and Intimidation:
  • Threats can be verbal, non-verbal or implied
  • Pressure tactics (using guilt or accusations, threatening you that he will have an affair, turning friends/relatives against you)
    Tracking your every move; checking telephone bills; checking mileage on car
    • Destroying possessions/breaking furniture
    • Threatening to take children away
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Threatening to kill you, family members or pets Threatening to commit suicide
Sexual Abuse:
Rape
Forcing or threatening to force you to perform sexual acts Physically attacking or injuring sexual parts of your body
Isolation:
  • Alienating you from or forbidding you to see or speak with relatives/friends
  • Forbidding you from working or attending school
  • Disabling the car or removing car keys
  • Disconnecting or not allowing use of the telephone
  • Locking you in the house or in a room
    Economic Abuse:
  • Withholding money, denying access to money, checks and important financial documents
  • Making you account for spending, checking receipts, and counting change
  • Forcing you to ask for money
  • Demanding that you turn over your paycheck or stealing
    your money
    Use of Children:
    • Withholding help with childcare
    • Threatening to take your children away from you
    • Using visitation to harass you
    • Telling children lies about you
    • Withholding financial support for children
    • Threatening to report you to child protective services
    • Physically or sexually abusing you in front of the children or abusing the children in front of you
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Understanding the New Jersey Prevention of Domestic Violence Act (‘The Law’)
How Children are Affected
The entire family unit is affected by violence in the home. Children, relatives, friends and even pets are affected by domestic violence. Children who hear, witness and/or become a target of the violence are more likely to have physical and mental health problems either immediately or in the future. Children often recreate the cycle of violence when they learn, mistakenly, that using violence is a way to solve problems. After experiencing the on-going violence, they may begin to imitate the abuser’s behavior and relate to others violently.
Children who witness domestic violence are more likely to become the next generation of victims or abusers, use drugs and/or alcohol, run away from home, and have problems at school. Children
who witness abuse do not have to be physically abused to “feel

the violence.” They feel the impact of violence emotionally and psychologically without ever being physically touched and it can impact their self-esteem.
Children may feel:
Sad, fearful, angry and depressed Hopeless and powerless
Isolated and withdrawn
Confused and guilty
Danger and tension in the home
If you have children and there is violence in your home, please get them help! Reach out to a local agency that offers counseling for children.
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To be legally protected against domestic violence under the
New Jersey Prevention of Domestic Violence Act, you must meet two conditions.

Condition # 1:
Is your relationship one that is covered by ‘The Law’?
YES, IF the defendant is 18 years of age or older (or emancipated*) and
  • You are 18 years of age or older (or emancipated*) and have been subjected to domestic violence by your present or former spouse or by any other person who is your present or former household member;
  • You are any age and have been subjected to domestic violence by a person with whom you have a child in common or with whom you are expecting a baby;
  • You are any age and have been subjected to domestic violence by a person with whom you have had a dating relationship (including same sex relationship);
  • You are an elderly or disabled person who is being subjected to domestic violence by a spouse, dating or live-in partner or by any other household member, including a caregiver.
    *A person is emancipated when declared so by the Court, has joined themilitary service, has married, has become a parent, or is pregnant. If the abuser is an unemancipated minor, charges should be brought in Juvenile Court
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Condition #2:
Have any of the following acts been committed against you by the abuser?
Under ‘The Law,’ you are a victim of domestic violence if, in your relationship, you have experienced any of the following:
  • Homicide – Purposely, knowingly or recklessly causing or attempting to cause your death.
  • Assault – Any physical attack that causes or attempts to cause you bodily injury or fear of harm, including beating (with or without a weapon), punching, slapping, kicking, choking or hair-pulling.
  • Terroristic Threats – Threats to commit a crime of violence with the purpose to terrorize you; threats to kill you or someone else that reasonably put you in fear of deadly harm.
  • Kidnapping – Transporting you or taking you against your will to someplace where you did not want to go, or confining you for a substantial period of time for ransom, reward or as a hostage.
  • False Imprisonment – Confining you within your own home or at another location against your will.
  • Criminal Restraint – Holding you in a condition of involuntary servitude or restraining you in a way that exposes you to serious bodily injury.
  • Sexual Assault – Using a weapon or threat of physical force or coercion to rape you or to force unwanted sexual penetration.
  • Criminal Sexual Contact – Using a weapon or threat of physical force or coercion to force unwanted sexual touching.
  • Lewdness – Any flagrantly lewd or offensive act, such
    as exposing oneself, which would reasonably be expected to offend, embarrass, or alarm you.

  • Criminal Mischief – Purposely damaging your personal property including your car, your home, your clothing, your pets or any other possession.
  • Burglary – Entering your home or other structure without your permission with the intention of committing a crime.
  • Criminal Trespass – Entering or secretly remaining in your home or other structure, such as your workplace, without permission; or peering into windows or openings of dwelling places for the purpose of invading your privacy.
  • Harassment – Communicating with you anonymously or at inconvenient times, or using offensive language; engaging in any conduct to alarm or annoy you; or hitting, kicking or offensively touching or threatening to touch you.
  • Stalking – Repeatedly following and/or maintaining unwanted visual or physical proximity to you, or making written contacts, including e-mail, that cause you fear of harm to yourself or your loved ones.
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The police may arrest the abuser, even if you exhibit no visible signs of injury, but you have told them what has happened. The police may also arrest the abuser if there is probable cause to believe that he has committed an act of domestic violence towards you. (See pages 12–13)
If you and the abuser both show signs of injury, the officer at the scene is required to assess the nature and extent of the injuries and whether they were caused in self-defense, along with any previous history of reported domestic violence incidents, before determining if anyone will be arrested. It is very important for you to tell the police officer if weapons were used to injure you or threaten you and where the weapons are located. Even if weapons were not used in this particular incident, it is important to tell the police about any weapons the abuser may have.
It is also very important for you to tell the police officer what happened, what your injuries are, and if previous acts of domestic violence were made against you by your attacker. If there is a Restraining Order already in place, it is also important to report this information.
WHAT IF A WEAPON WAS USED DURING AN ACT OF DOMESTIC VIOLENCE?
If a police officer at the scene has reason to believe a weapon was used during an act of domestic violence, the officer must arrest the suspect and seize any weapons on the premises that could expose you to further harm. The abuser will also be arrested even if he only threatened to use a weapon. The officer must also sign a criminal complaint in this instance.
WHAT IF THE POLICE DON’T COME FAST ENOUGH OR REFUSE TO COME?
You must be prepared when dealing with a violent person. You should have access to a telephone at all times. Carry a cell phone if possible. If you don’t have a phone, try to establish a relationship with a neighbor or relative who will call the police for you when you need help.
How the Police can Help
SHOULD I CALL THE POLICE?
You should call the police if you feel in danger. Domestic violence is a serious crime and the police will respond to your calls. Under the Prevention of Domestic Violence Act, it is the primary duty of the police officer who responds to a domestic violence call to enforce the law and to protect the victim from abuse.
The police are required by law to help you and to give you information about your rights. The police should write a report. They should advise you of your rights to file a criminal complaint and/or to obtain a Restraining Order. Be sure to tell the officer all of the details. Read the report carefully and correct any mistakes. Be sure to write down the officer’s name and badge number and keep it
for your records.

WILL THE ABUSER BE ARRESTED?
New Jersey law requires the police to arrest the abuser if:
  • You exhibit any signs of injury;
  • The abuser has violated an active Restraining Order;
  • There is probable cause that a weapon has been involved in the commission of the act of domestic violence;
  • There is a warrant for the abuser’s arrest on any other charge.
    In any of these situations, the police must arrest the abuser and press criminal charges even if you do not want him arrested and even if you do not want to file a complaint.
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Remember you are not alone. It is imperative that you tell a neighbor or relative about the violence for your protection and the protection of your children in the event that the police do not come or do not come fast enough. If the police are taking too long to respond and you remain in danger, call your local domestic violence hotline (see pages 39–43). A worker for the domestic violence hotline can put you on hold while someone calls the police and advocates on your behalf to respond quickly to your situation.
You should have a safety plan in the event that the police do not come or do not come quickly enough. If all else fails, draw on your own resourcefulness by escaping the danger, attracting attention by screaming for help, or setting off the security alarm. (See page 30 for safety plan suggestions.)
REMEMBER: You have the right to be protected by the law and the police are required to provide that protection.
Dial 911 in an emergency.
Note: 911 calls are recorded and can be used as evidence in trials.
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HOW CAN THE LAW HELP TO PROTECT ME IF I HAVE BEEN A VICTIM OF DOMESTIC VIOLENCE?
In New Jersey, victims of domestic violence have a right to pursue civil remedies (a Restraining Order) or criminal penalties, or both.
A Restraining Order does not result in the abuser having a criminal record but it can provide greater safety for you by telling your abuser he must stay away from you.
WHAT IS A RESTRAINING ORDER?
A restraining order is a legally enforceable document that, among other things, prohibits the person who is abusing you from contacting you in any way. You will need to appear before a judge or hearing officer and show that you are in danger of domestic violence and that a Restraining Order is necessary to protect your life, health and/or well-being.
GETTING A RESTRAINING ORDER IS A TWO-STEP PROCESS:
  1. First, you apply for a Temporary Restraining Order (TRO) either at Family Court or at your local police department. The abuser is not present when you go to obtain a TRO. After you are issued a TRO, the police or sheriff’s officers (and not you) will attempt to serve the abuser with the TRO.
  2. Within approximately 10 days, you will be scheduled to appear in Family Court at a hearing to determine whether your restraining order will be made final and converted to a Final Restraining Order (FRO).
HOW CAN I GET A TEMPORARY RESTRAINING ORDER?
Between the hours of 8:30 a.m. and 3:30 p.m., Monday through Friday, you can go to the court clerk in the Family Part of your county’s Superior Court at the county courthouse and tell a court employee that you are there to request a Temporary Restraining Order (TRO). A Family Court intake employee will give you papers
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Using the Legal Process for Restraining Orders
to fill out and ask you to describe what happened during the most recent domestic violence incident as well as any prior history of abuse. You can ask if there is someone there who can assist you in preparing the papers, which contain a complaint and statement against your abuser. Ask the intake person to explain what will happen when you go into the courtroom. You will testify before a hearing officer or a judge about the incident and explain why you need a TRO.
Your county court is closed on weekdays between 4 p.m. and 8:30 a.m., and on weekends and holidays. During these times you
must go to your local police department to obtain a TRO through
a municipal court judge. The police usually take the information for the complaint and call a municipal court judge. The judge will speak to you on the phone about the incident and any prior history

of domestic violence, and will issue a TRO if he or she thinks you are in danger.
WHAT CAN I ASK THE JUDGE FOR AT THE HEARING FOR A TEMPORARY RESTRAINING ORDER?
If you satisfied the requirements to get a TRO, you may ask for and the judge may order the following:
  • That the abuser be temporarily forbidden from entering the home you live in. (It is important to know that you
    do not have to have your name on the deed or lease to request the judge to order the abuser to leave your home.)

  • That the abuser be forbidden to possess any firearms or other weapon. The judge may order a search and seizure of any such weapon.
  • That the abuser be temporarily forbidden from contacting you or other people that you specify, including your children.
  • That your abuser be temporarily forbidden from contacting you at work.
  • That you be given temporary custody of your children.
  • That your abuser pay temporary child support and/or support for you.
WHAT IF I AM DENIED A TRO?
If you are denied a TRO by a municipal court judge or by a hearing officer, you may immediately apply (8:30 a.m. to 3:30 p.m., Monday through Friday) to a Family Court judge.
WHAT DO I PUT IN THE COMPLAINT?
It is very important that you carefully read each part of the complaint before completing it. You must list all the facts of the incident that happened that made you file the complaint. For example, facts like: “hitting; punching; threatening to kill me; cursing; pulling hair; burning with cigarettes; throwing chair, knife, or fork at me; following me to work, home, school, or store” should be included, if they happened. If the abuser used a weapon to
hurt or attempt to hurt you, include this in the complaint. If you needed medical treatment for your injuries, this information should also be included.
Even if you’ve never filed a complaint or reported an incident before, it is very important to include previous acts of violence or abuse against you in the complaint. If the abuser has a criminal history or has been arrested previously, this information should also be included.
The intake worker or a domestic violence advocate may assist you in completing the complaint. If there is no one to help you, you can fill it out yourself. It is important to read it carefully to make sure you don’t miss anything and that the information is accurate.
You will need the name and address of the abuser, and a description of him along with his date of birth, social security number and the name and address of his employer, if you know them. This information is helpful so the the complaint may be served on the abuser.
WHERE CAN I FILE FOR A TEMPORARY RESTRAINING ORDER?
You may file in the county where the domestic violence occurred, where you live, where the abuser lives, or where you are sheltered.
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WHAT HAPPENS AT THE FINAL RESTRAINING ORDER (FRO) HEARING?
Usually within 10 days of the date of the TRO, you will have to appear in court for the final hearing. The abuser may also be in court at this time and the judge will give him a chance to tell his side of the story. There will be protection for you in the courtroom and in the courthouse. If you are fearful because the abuser is there, tell the court officer. If you need an escort to accompany you out of the courthouse because you are afraid of the abuser, ask the court officer to provide one for you.
If your abuser does not appear in court at the final hearing, the judge may still grant the Final Restraining Order after hearing your testimony, as long as there is proof that the abuser has been served notice of the hearing. If there is no proof that the abuser has been served then the judge may issue an Indefinite TRO. An Indefinite TRO gives you as much protection as an FRO. If the abuser is ever served with the TRO, then the court will notify you to appear for an FRO hearing and you must go to court.
If you change your address, notify the Domestic Violence unit at the court so that you can be notified. If you do not appear in court at the final hearing, the judge may reschedule a second hearing or may dismiss the case. If there is a reason you can’t attend the hearing, contact the judge’s office or the domestic violence unit to inform them of the reason. If you do not appear a second time, the judge may dismiss the case.
DO I NEED A LAWYER AT THE FINAL RESTRAINING ORDER HEARING?
You do not need a lawyer for an FRO hearing, but it is always helpful to have one with you or to get legal advice before you go to court. If your abuser has a lawyer, or it is a complicated case, it is advisable to obtain counsel and bring your lawyer with you. If you appear in court without a lawyer, you may ask the judge to adjourn your case so that you may get one.
HOW LONG WILL I HAVE TO WAIT TO SEE A JUDGE?
There is no way to tell how long it will take for you to see a judge on any particular day. Go to the courthouse as early as possible. You may have to spend an entire work day at the courthouse, so notify your employer beforehand. Be prepared in the event your wait is a long one. Arrange for a safe place for your children to stay while you are in court.
CAN I GET A RESTRAINING ORDER IF I AM SICK AND CONFINED TO BED OR IF I HAVE A PHYSICAL OR MENTAL DISABILITY?
Yes. A judge may issue a TRO upon sworn testimony or the complaint of a representative of a victim who is physically or mentally incapable of filing.
WHAT IF I AM NOT A U.S. CITIZEN?
You are entitled to call the police to file a criminal complaint and to obtain a Restraining Order even if you are not a U.S. citizen. It is important that you seek legal advice from a specialist in immigration law such as American Friends or Catholic Charities (see page 44).
WHAT HAPPENS AFTER I RECEIVE A TEMPORARY RESTRAINING ORDER?
A TRO is a legal document that contains the orders of the judge.
You will receive a copy that you must keep in your possession at all times. The police department receives a copy, the court receives a copy, and

the defendant must be served with notice of the TRO and of the date for the final hearing. The sheriff of your county will attempt to serve
the TRO to the abuser at the places where you have told them he can be found. He must be served with the papers so that he knows he must stay away from you, your children and others you have named
in your complaint. You should give copies of the TRO to your children’s schools and other relevant parties.

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WHAT MUST I BE PREPARED TO TELL THE JUDGE AT THE FINAL HEARING?
At the final hearing tell the judge in detail what the abuser did to you that caused you to file for a TRO. Tell the judge if the abuser hit you, pushed you, etc., and what, if any, injuries you suffered. Also tell the judge if he threatened you, stalked you, or harassed you. If you are afraid of the abuser, tell the judge why you are fearful. Tell the judge about other times when the abuser hurt you, or made you afraid,
or threatened you in any way. Tell the judge if the abuser owns any weapons, even if he has never used them against you. You should also tell the judge if your children witnessed the abuse or were abused by him themselves.
It is helpful if you can bring evidence to help support your claims of abuse. You should bring
Witnesses to the abuse (not a letter from the witness) Medical reports
Police reports, present and past
Telephone or email messages
Photographs of injuries
You should also tell the judge that you need support from the abuser, if he has an obligation to support you and your children. You should bring your abuser’s pay stubs and your own employment pay stubs or other proof of income, including recent tax returns, W-2s and social security statements which can be particularly useful to show the abuser’s income.
WHAT KIND OF RELIEF (HELP) CAN I SEEK IN THE FINAL RESTRAINING ORDER?
The FRO can provide several kinds of help, some concerning your safety, and some concerning your practical needs, and arrangements.
In terms of your safety needs, the FRO should say that your abuser:
Is prohibited from committing future acts of domestic violence against you.
  • Must stay away from you (usually established as a certain distance from your residence and place of work).
  • Is prohibited from contacting you (in person, by phone or in writing) or from contacting others that you specify, such as friends or family.
  • Will have any weapons confiscated from him.
    In terms of living arrangements and practical needs,
    you may request that the judge include in the FRO:
  • You, as the victim, are granted possession of the home.
  • You are granted temporary custody of the children.
  • The abuser must pay ongoing support to you and/or the children (as appropriate, to be established by the court’s child support intake unit).
  • The abuser must pay basic financial needs (rent/mortgage payment, day care, etc.) as well as emergency expenses (medical bills, car repair, etc.)
  • You are given possession of specific property, such as a car.
  • The abuser must pay other compensation such as medical
    costs, health or car insurance, legal costs, etc.
  • When and how the police must accompany the abuser back to the residence to pick up his possessions.
    In terms of the needs regarding the children, if there are any children between the partners, the FRO can include:
Arrangements for visitation by the noncustodial parent that are appropriate for the children and provide for the safety of the victim. You may ask the judge to order supervised visitation of the children by the court or by a third party if you are concerned for the safety of the children. You should explain your concerns about the children’s well-being to the judge. In certain cases, you may ask for suspension of all visitation pending an investigation of the abuser’s ability to parent, particularly if he has a serious substance abuse problem or has physically abused the children.
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Risk assessment, if requested by the victim, to evaluate the safety of the children during visitation with the abuser.
In terms of treatment for the abuser:
  • The judge may order the abuser to enter a batterers treatment program, a substance abuse treatment program, or get other appropriate counseling.
  • The FRO may provide for a way for you to discuss the issues concerning the children with the other parent directly (for example, e-mail or text messaging) or through a third party.
    WHAT SHOULD I DO AFTER I RECEIVE A FINAL RESTRAINING ORDER?
    You will receive a copy of the Final Restraining Order after the hearing. It is important to keep a copy with you at all times. The Restraining Order is enforceable throughout the U.S.A.
    It is important that you do the following:
  • Review the order BEFORE you leave the courtroom.
    If something is wrong or missing, ask the court clerk to correct the order before you leave.

  • Make several copies of the order to leave in safe places in case you need it. Keep one at your job, one at your home, one at your children’s school, with the babysitter or at the day care program.
    Give a copy to a trusted neighbor and/or friend.
  • Give a copy to friends or relatives who are named and
    protected in the order.
  • Make sure your local police have a copy of the order.
  • Give a copy to the security guard where you live and/or work.
  • Change locks on your residence as soon as possible.
  • Change your telephone number to an unlisted number as soon as possible.
WHAT IF I NEED TO CHANGE MY RESTRAINING ORDER?
If circumstances have changed in any way since the court issued the FRO, you may wish to modify it. Examples of reasons to modify include changes in:
Custody and visitation arrangements.
Financial needs and obligations.
Issues that were not addressed at the original FRO hearing.
HOW DO I MODIFY MY RESTRAINING ORDER?
In order to modify your Restraining Order, you may file a Motion for Modification. If you need to request an emergency change in the terms of the Restraining Order, you may file an Order to Show Cause. On either of these forms you will write out your reasons for wanting the court to review and amend your Restraining Order.
Go to the domestic violence unit of the court that issued your Restraining Order and tell the court officer what you now want to do. They will help you prepare your papers, file your motion and set up a future court date.
WHAT SHOULD I DO IF I HAVE A RESTRAINING ORDER AND MY ABUSER STILL DOESN’T LEAVE ME ALONE?
A violation of the safety provisions of your Restraining Order is a crime. If your abuser seeks you out or tries to contact you in any way (e.g., sends you a letter, calls you on the telephone, appears at your place of work, home, school, or a restaurant where you are eating and does not immediately leave when he sees you), call the police immediately. Have your copy of the Restraining Order ready to show the police. Your abuser must be arrested and may be jailed.
It is very important for you to carry a copy of the Restraining Order with you at all times.
WHAT IF THE ABUSER DOESN’T FOLLOW THE TERMS OF THE NON-SAFETY RELATED PROVISIONS OF THE RESTRAINING ORDER?
If the abuser does not follow through with other items that have been ordered (for example, to attend counseling, to pay child support or other expenses or to abide by the terms of the visitation
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order), you may ask the court to enforce the order. Contact your domestic violence unit at Family Court and they will help you.
WHAT IF I DON’T ABIDE BY THE TERMS OF THE RESTRAINING ORDER?
You cannot violate the terms of the Restraining Order. It is not against you! Only if the abuser also has a Restraining Order against you, must you avoid contact with him.
Sometimes, a victim of domestic violence starts to miss her former abusive partner or feels that she will be safe if she sees him. She may end up allowing contact with the abuser, such as inviting him over to her home or joining with him for a visitation outing with her child. If something goes wrong and your partner becomes abusive, you may still call the police and they should still enforce the Restraining Order by arresting the abuser, even if you agreed to have contact with him. The police may not hold you responsible for the violence. The Restraining Order remains in effect unless and until it is dismissed by a judge.
WHAT IF I CHANGE MY MIND AND WANT TO DROP THE RESTRAINING ORDER?
One of the ways that the New Jersey Domestic Violence Law is stronger than that of many other states is that RESTRAINING ORDERS DO NOT EXPIRE!
If you want to dismiss the Restraining Order, you must go back to court specifically to dismiss it. Because the court system wants to make sure that you are making this decision of your own free will and are not doing it because you are being coerced or threatened in any way, the court will arrange for you to speak privately with a legal advocate who will explore with you your decision to dismiss the Restraining Order. You will then appear in front of a judge who may ask you questions to ensure that you have not been coerced to dismiss it.
DO NOT agree to dismiss your Restraining Order unless you have been provided with the opportunity to speak to a trained domestic violence advocate who can help you determine if this is the course of action you truly want to take.
At the same time as you file for a Restraining Order in Family Court or at the police station, you or the police may also file criminal charges against the abuser. If the police observe that you have been injured, they must arrest the abuser. If the abuser is not present or has fled the scene of the violence, the police must issue a warrant for his arrest. The police may also determine that they will make an arrest if the abuser has committed a crime against you.
If the police do not make an arrest and you want to pursue criminal charges, you are entitled to go to your local Municipal Court and file a civilian complaint.
The criminal case filed by the police or by you individually will be heard in either your local Municipal Court or at the County Superior Court. The case will be called the “State of New Jersey vs. the Abuser.”
You will receive a notice in the mail about the location
of the court and the time and date you are to appear. A Victim Witness Advocate may be in the courthouse to assist you in understanding the criminal process.
Since you may receive mail from both Family and Criminal Courts, make sure you read the notice carefully so that you know which court to attend on which date.
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Domestic Violence and the Criminal Court
WHAT IS THE DIFFERENCE BETWEEN A RESTRAINING ORDER AND A CRIMINAL COMPLAINT?
Restraining Order: When you apply for a Restraining Order you are asking the court for protection from your abuser. If the abuser violates the no-contact portion of the Restraining Order, the abuser may be immediately arrested and brought to court. However, the issuance of a restraining order does not give the abuser a criminal record and does not cause him to go to jail unless he violates the order.
Criminal Complaint: A criminal complaint accuses the abuser of committing a crime and, if he is convicted, the court may punish him by putting him in jail, placing him on probation, requiring him to attend a batterers treatment program, pay a fine or perform community service.
IF CRIMINAL CHARGES ARE FILED, WHAT CAN I EXPECT BEFORE THE CASE GOES TO TRIAL?
After criminal charges have been filed, the abuser may be held
in jail, or he may be released from custody with or without bail. The abuser’s release may include prohibiting him from having any contact with you, BUT THIS IS NOT A RESTRAINING ORDER. If the abuser does contact you, you must have a Restraining Order with you to show to the police. Therefore, it is very important that you obtain a Restraining Order with your name on it from Family Court and carry it with you at all times.

WILL I HAVE TO TESTIFY?
You should be prepared to testify if a trial is scheduled.
WILL I NEED A LAWYER TO HANDLE THESE PROCEDURES?
You do not need your own attorney in criminal court if you are the victim since the prosecutor will handle the case. However, if a criminal complaint has also been filed against you, then you may need or want to have your own attorney.
Creating a Safety Plan
If you have experienced some abusive episodes, it is important to think ahead to how you will handle your need for safety should another episode occur. This kind of advanced planning is called a safety plan.
A safety plan is a tool to help you identify possible ways to protect yourself and your children and family members from physical abuse. It can increase your safety in an emergency. Whether you live with your abuser or are separated, the measures you take to increase your safety are the most important things you do.
It is possible that your abuser may become more dangerous when he realizes that you are serious about ending the relationship, so you should be well prepared with a safety plan at the point that you decide to leave.
Take time to develop your own plan using strategies that are useful to you. Call a domestic violence agency for advice.
DEVELOP A SAFETY PLAN IN ADVANCE
  1. Plan how you will leave your home, if you choose to leave. Practice how to get out quickly. Decide which doors, windows, stairwell, or fire escape you will need to use.
  2. Plan where you will stay if you need to leave in a hurry. Make arrangements with a friend or family member beforehand. Set aside money for a motel or have the telephone number for a shelter.
  3. Keep the number(s) for the nearest domestic violence hotline on hand near the telephones in your home and in your purse and car. The hotline numbers can be found in this booklet, beginning on page 36. Be sure to keep change or a calling card on hand or in a safe place in case you need to make an emergency call from outside your home.
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  1. Keep extra money and a duplicate set of car keys in a safe place where you can reach them easily.
  2. Notify neighbors to contact the police if they hear a loud argument.
  3. Gather and store clothing for yourself and your children in a hidden area in the house or at a friend’s or relative’s home.
  4. Open a savings and/or checking account in your own name. Think of other ways in which you can increase your independence.
  5. Gather important papers and other necessities and store copies of them in a secret place away from your home:
    Identification Papers
    • Birth certificates
    • Social Security cards
    • Green Cards/Visas
    • Passports
    • School Records
    • Driver’s License, Car Registration, Insurance Card
      Legal Information
      • Police Reports
      • Copy of Restraining Orders
      • Marriage/Divorce/Legal Papers

      Financial Information
      • Money/Credit Cards
      • Income Tax Returns
      • Wage/Income Information

Medical Information
• Vaccination Records
• Medical Insurance Cards
• Medications/Medical Records • Prescriptions
Other
• Set of house keys/ car keys
Leave copies of the originals with a friend or relative.
  1. Obtain a cell phone. If you cannot afford cell phone service, most police departments and domestic violence programs can provide a free cell phone programmed only for
    emergency calls.

  2. Teach your children how to call 911 for help in an emergency. Plan with your children for those times that you may not be with them.
  3. Be aware that your abuser may go through your belongings if he is suspicious that you may leave. So BE CAREFUL!
  4. It is especially important to prevent the abuser from having access to the children’s passports if you think there is a risk he may try to flee the country with the children.
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  1. Inform neighbors/landlord that your partner no longer lives with you and that they should contact the police if they see the abuser near your home.
  2. After getting a restraining order, keep it with you at all times. Keep copies at work, at the children’s schools, with a family member or friend.
  3. Make safety arrangements at work, such as being walked to and from the parking lot, having your calls screened, and notifying the security guards about the potential for danger.
  4. Where possible, avoid familiar locations (such as stores and restaurants) where your abuser will be likely to look for you.
BE PREPARED WITH A SAFETY PLAN BECAUSE LEAVING CAN MAKE YOUR SITUATION MORE DANGEROUS.
SAFETY DURING A VIOLENT INCIDENT
  1. Leave the home immediately, if possible. Go to a safe place and then contact the police.
  2. If an argument seems unavoidable, move into a room that has access to an exit or telephone. Try to avoid rooms such as the bathroom, garage, or kitchen where your abuser can use common household items as weapons.
  3. Call the police (911) and/or devise a code word to use with your children, family members, or neighbors when you need the police.
  4. Use your own instincts and judgment. If the situation is very dangerous, try to appease your abuser to calm the situation down. Attempt to remove yourself safely from the situation until you are out of danger.
SAFETY WHEN YOUR ABUSER NO LONGER LIVES WITH YOU
  1. Change the locks on your doors as soon as possible. Purchase additional locks and/or safety devices to secure your windows. Contact your County’s Prosecutor’s Office of Victim-Witness Advocacy for further assistance in this area.
  2. Change your phone numbers and add a call-screening service to your phone.
  3. Obtain a cell phone. If you cannot afford cell phone service, most police departments and domestic violence programs can provide a free cell phone programmed only for emergency calls, e.g., 911.
  4. Discuss the safety plan with your children for those times you may not be with them. If possible, provide them with a cell phone when they go for visits with their father or arrange alternate plans for them if they feel they are in danger.
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Where to Go
for a Restraining Order

Apply for a Restraining Order in the county’s Family Court division during the hours of 8:30 a.m. – 3:30 p.m. (Monday – Friday).
*Please note: if it is before 8:30 a.m., after 3:30 p.m.,
or on weekends or court holidays, you may go to your local police station to get a Restraining Order.

For more information regarding Domestic Violence Units in each county, please call:
Atlantic: 609-345-6700
Bergen: 201-527-2700 ext. 2100
Burlington: 609-518-2645
Camden: 856-379-2200 ext. 3633 or 3644 Cape May: 609-465-1000
Cumberland: 856-453-4540 or 856-453-8090 Essex: 973-693-6840
Gloucester: 856-453-4580
Hudson: 201-217-5384 or 201-795-5670 Hunterdon: 908-237-5800
Mercer: 609-571-4000
Middlesex: 973-981-3356
Monmouth: 732-677-4050
Morris: 973-656-4342

Ocean: 732-929-2019
Passaic: 973-247-8480
Salem: 856-935-7510 ext. 8262 Somerset: 908-231-7000 Sussex: 973-579-0630
Union: 908-659-3320 or 3321 Warren: 908-475-6167

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3. FINANCIAL ASSISTANCE:
Public Assistance: The Welfare Department has established special regulations to make it easier for victims of domestic violence to get benefits. Be sure to tell the agency that you are a victim of domestic violence because special rules apply. Some of these special provisions are:
  • Emergency Assistance – This is a ‘fast track’ for getting quick approval of the application for public assistance and receiving cash benefits. You may also qualify for food stamps and medical benefits.
  • Temporary Rental Assistance – For one year, the Welfare Department may provide a rent subsidy to help you pay for your housing.
    Victims of Crime Compensation Board (VCCB): VCCB may provide money to domestic violence victims for such needs as:
    Moving expenses
    Medical or counseling expenses Lost wages
    To qualify for this assistance, you will need to show that you have filed a criminal report on the abuse incident and you will be asked to fill out an application for VCCB’s review.
    Unemployment: If you lost your job as a result of domestic violence, you may be eligible for unemployment benefits.
    4. LEGAL ASSISTANCE:
    There are many legal needs that a victim of domestic violence may have. When seeking legal assistance, it is important to ask if the lawyer has had experience and/or training regarding domestic abuse issues. There are a few legal services and nonprofit organizations that provide representation and/or legal advice for individuals who are low income. A victim may wish to seek help from a lawyer for the following:
Services for Domestic Violence Victims
There are many services available for victims of domestic violence that are offered throughout New Jersey, including emergency assistance, safe houses, counseling, advocacy programs, and financial and legal assistance. These types of services are described below. Contact information for specific organizations can be found on page 44.
1. DOMESTIC VIOLENCE PROGRAMS:
  • Domestic Violence Hotlines provide emergency information
    and support for victims all day and night, seven days a week
  • Domestic Violence Shelters offer emergency housing and support for victims all day and night, seven days a week
  • Legal Advocacy Programs help victims navigate the court system
    2. COUNSELING SERVICES:
  • For Victims: There are counseling programs throughout New Jersey that offer specialized counseling for domestic violence problems. Should you seek counseling at mental health centers, be sure to ask if the counselor has special training
    or experience in working with those affected by domestic violence, since not all therapists are familiar with the dynamics of relationship abuse.
  • For children: Children may suffer from feelings of anger, fear, shame, and conflicted loyalties. Some of the same resources available to provide counseling for you will also have services for children or, at least, they can refer you to programs that provide counseling for your children.
  • For abusers: It is important for you to know that the most effective type of counseling for those who are abusive is a special group program known as Batterers Intervention Programs. “Couples counseling” is not a recommended form of treatment unless and until the abuser has taken responsibility for his abusiveness and has learned that controlling his partner is a form of abuse.
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  • Final Restraining Order Hearing
  • Custody and Child Support
  • Divorce
  • Immigration: Victims of domestic violence who are undocumented are provided with the same legal protections against abuse as citizens. However, it is crucial to consult with an immigration attorney if you have any immigration issues.
    5. OTHER PROGRAMS:
  • Address Confidentiality Program: New Jersey has established a statewide program for domestic violence victims whereby the victim uses as her address a post office box that is maintained by the New Jersey State Department on Women. All mail is then forwarded by the agency to an unpublished location.
  • Social Security Number Change: In some cases the U.S. government allows the victim to change her social security number.
Domestic Violence Hotlines
National Domestic Violence Hotline 800-799-SAFE (7233) TTY: 800-787-3224
New Jersey State
Domestic Violence Hotline 800-572-SAFE (7233)

Each county in New Jersey has a primary domestic violence agency with provides a 24-hour hotline, a shelter, counseling, legal advocacy, and other services.
Atlantic County
ATLANTIC COUNTY WOMEN’S CENTER Emergency Shelter
24-hour Hotline: 609-646-6767
Tollfree: 1-800-286-4184

TTY: 609-645-2909
Bergen County
SHELTER OUR SISTERS Emergency Shelter
24-hour Hotline: 201-944-9600 TTY: 201-836-3071

ALTERNATIVES TO DOMESTIC VIOLENCE Bergen County Department of Human Services 24-hour Hotline: 201-336-7575
TTY: 201-336-7525

Burlington County
PROVIDENCE HOUSE/WILLINGBORO SHELTER Emergency Shelter
24-hour Hotline: 609-871-7551
TTY: 609-871-7551

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Camden County
Gloucester County
CAMDEN COUNTY WOMEN’S CENTER Emergency Shelter
24-hour Hotline: 856-227-1234
TTY: 856-227-9264

Cape May County
CARA, INC. (COALITION AGAINST RAPE & ABUSE, INC.) Emergency Shelter
24-hour Hotline: 609-522-6489
Tollfree:1-877-294-2272 (CARA)

TTY: 609-463-0818
Cumberland County
CUMBERLAND COUNTY WOMEN’S CENTER Emergency Shelter
24-hour Hotline: 856-691-3713
Tollfree: 1-800-286-4353

TTY: 856-691-6024
Essex County
FAMILY VIOLENCE PROGRAM/BABYLAND Emergency Shelter
24-hour Hotline: 973-484-4446
TTY: 973-497-5510

THE SAFE HOUSE
Emergency Shelter
24-hour. Hotline: 973-759-2154

THE RACHEL COALITION c/o JEWISH FAMILY SERVICE 24-hour Emergency Paging Service: 973-740-1233
SERVICES EMPOWERING THE RIGHTS OF VICTIMS (SERV) Emergency Shelter
24-hour Hotline: 856-881-3335
Tollfree: 866-295-7378

TTY: 856-881-9365
Hudson County
WOMENRISING, INC. Emergency Shelter
24-hour Hotline: 201-333-5700 TTY: 201-333-0547

Hunterdon County
SAFE IN HUNTERDON Emergency Shelter
24-hour Hotline: 908-788-4044 Tollfree: 1-888-988-4033 TTY:1-866-954-0100

Mercer County
WOMANSPACE, INC.
Emergency Shelter
24-hour Hotline: 609-394-9000
State Hotline: 1-800-572-SAFE (7233) TTY: 1-888-252-7233

Middlesex County
WOMEN AWARE, INC. Emergency Shelter
24-hour Hotline: 732-249-4504

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Monmouth County
Somerset County
180 TURNING LIVES AROUND INC. Emergency Shelter
24-hour Hotline: 732-264-4111 Tollfree: 888-843-9262

TTY: 732-264-3089
Morris County
JERSEY BATTERED WOMEN’S SERVICES, INC. (JBWS) Emergency Shelter
24-hour Hotline: 973-267-4763
TTY: 973-285-9095

Ocean County
PROVIDENCE HOUSE — OCEAN Emergency Shelter
24-hour Hotline: 732-244-8259 Tollfree: 1-800-246-8910

TTY: 732-244-8259
Passaic County
PASSAIC COUNTY WOMEN’S CENTER Emergency Shelter
24-hour Hotline: 973-881-1450
TTY: 973-278-8630

Salem County
SALEM COUNTY WOMEN’S SERVICES Emergency Shelter
24-hour Hotline: 856-935-6655
Tollfree: 1-888-632-9511

TTY: 856-935-7118
RESOURCE CENTER FOR WOMEN AND THEIR FAMILIES
Emergency Shelter
24-hour Hotline: 1-866-685-1122 TTY: 908-359-8604

Sussex County
DOMESTIC ABUSE SERVICES, INC.
Emergency Shelter
24-hour Hotline: 973-875-1211 (Collect Calls Accepted) TTY: 973-875-6369

Union County
PROJECT: PROTECT Emergency Shelter
24-hour Hotline: 908-355-4357 TTY: 908-355-1023

Warren County
DOMESTIC ABUSE & RAPE CRISIS CENTER (DARCC) Emergency Shelter
24-hour Hotline: 908-475-8408
Tollfree: 1-866-6BE-SAFE (1-866-623-7233)

TTY: 908-453-2553
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Statewide Resources
Legal Services and Consultations
Partners for Women and Justice . . . . . . . . . . . . . . . . .973-233-0111
Legal Services of New Jersey
DV Representation Project . . . . . . . . . . . . . . . . . .888-576-5529

Seton Hall Center for Social Justice . . . . . . . . . . . . . .973 642-8700
Community Health Law Project
(persons with disabilities/elderly) . . . . . . . . . . . . . .973-275-1175

New Jersey State Bar Association . . . . . . . . . . . . . . .732 249-5000 Jersey Battered Women’s Services . . . . . . . .973-267-7520 ext. 259 NCJW Women’s Center . . . . . . . . . . . . . . . . . . . . . . . .973-994-4994
Immigration Legal Services and Consultations
Domestic Violence Website Resources
Rachel Coalition . . . . . . . . . . . . . . . . . . . . . www.rachelcoalition.org Partners for Women and Justice . . . . . . . . . . . . . . . . . www.pfwj.org NCJW Center for Women . . . . . . . . . . . . . . . . . www.ncjwessex.org Family Violence Prevention Fund . . . . . . . . . . . . . . . . . www.fvpf.org National Council Against Domestic Violence . . . . . . www.ncadv.org National Domestic Violence Hotline . . . . . . . . . . . . . . www.ndvh.org National Center on Elder Abuse . . . . . . . www.elderabusecenter.org American Bar Association
Commission on Domestic Violence . . . . . www.abanet.org/domviol New Jersey Bar Association . . . . . . . . . . . . . . . . . . . . www.njsbf.org New Jersey Coalition for Battered Women . . . . . . . . www.njcbw.org Violence Against Women Library . . . . . . . . . . . . . . www.vawnet.org WomensLaw.org. . . . . . . . . . . . . . . . . . . . . . . . www.womenslaw.org Minnesota Center
Against Violence and Abuse . . . . . . . . . . . . . . . minacava@umn.edu
If you do not own your own computer or have access to one, go to your public library.
Safety Alert: Computer use can be monitored. If you are afraid that your home computer might be monitored, please use a safer computer, such as one at a library, or call your local hotline or the National Domestic Violence hotline at 800-799-SAFE (7233)
American Friends Immigration Rights Program
Catholic Charities Immigration Services . . . . .
Legal Services of New Jersey
Immigration Rights Program . . . . . . . . . . .

La Casa de Don Pedro . . . . . . . . . . . . . . . . . .
State-Wide Services
Victims of Crime Compensation Board (VCCB)
. .
. .
. . .
. . . . .
. . . . .973-643-1924 . . . . .973-733-3516
. . . . .888-576-5529 . . . . .973-481-4713
. . . . .800-242-0804 . . . . .609-584-8107 . . . . .973-777-7638 . . . . .732-435-1414
. . . . .609-292-8840 . . . . .800-792-8610 . . . . .800-792-8820 . . . . .800-656-4673 . . . . .973-571-4100
New Jersey Coalition for Battered Women . .
Project Sarah (Orthodox Jewish community)
Manavi (South Asian community) . . . . . . . . .
New Jersey Division on Women —Prevention of Violence . . . . . . . . . . . . .
Division of Youth and Family Services (DYFS) Adult Protective Services (Elderly) . . . . . . . . . National Sexual Assault Hotline . . . . . . . . . . . New Jersey Mental Health Association . . . .
. . .
.
. . .
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RACHEL COALITION SERVICES
LEGAL SERVICES
Legal Consultation/Representation Domestic Violence Court Advocacy
Legal Referral
CRISIS INTERVENTION
24-hour crisis response line 973-740-1233 Case Management
Transitional Housing
COUNSELING/EVALUATION
Individual
Family
Batterers Group for Men
COMMUNITY SERVICES
Speakers Bureau
Volunteer Training
Community Forums to Raise Awareness
For more information, call 973-765-9050.
PARTNERS FOR WOMEN AND JUSTICE
LEGAL SERVICES
Legal Advice/Representation Domestic Violence
Legal Advice/Representation Divorce
Legal Advice/Representation Custody, Visitation, Support Workshops/Clinics in Family Law and Domestic Violence Pro Bono Lawyer Training
COMMUNITY SERVICES
Workshops/Clinics in Financial Literacy Domestic Violence Advocacy
Women’s Issues Advocacy
For more information, call 973-233-0111.
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