The Prevention of Domestic Violence Act source New Jersey Judiciary

The Prevention of Domestic Violence Act 

source New Jersey Judiciary 

Family Practice Division 

Administrative Office of the Courts 

New Jersey Judiciary 

Trenton, New Jersey 08625 

Stuart Rabner 

Chief Justice 

Glenn A. Grant, J.A.D. 

Acting Administrative Director of the Courts 

Robert W. Smith 

Director, Trial Court Services 

Joanne M. Dietrich 

Assistant Director, Family Practice 

njcourts.com 

Updated 02/2015 

CN 11253 - English 

What if the plaintiff appears for court and the defendant fails to appear? 

The judge may issue an FRO against the defendant if there is proof of service or testimony that the defendant was aware of the hearing date. If there is no proof that the defendant has been served, a new date may be scheduled and the TRO will remain in effect. A law enforcement officer will serve the defendant with a copy of the final order. 

What if the defendant is not abiding by the order? 

Enforcement occurs when the plaintiff seeks to have the defendant comply with provisions outlined in an existing order. The restraining order is divided into two parts. Part 1 contains restraints against contact and Part 2 primarily deals with financial and parenting issues. If the defendant is not complying with any provision outlined in Part 1 of the restraining order, the plaintiff may go to the police station and sign criminal charges. If the defendant is not complying with Part 2 of the order, it must be enforced through Family Court. 

Domestic violence matters are serious in nature and if at any time either party is unsure about court procedures he or she should call the police or contact Family Court. 

What happens if the plaintiff wants to dismiss or modify an existing restraining order? 

An order can be modified when one party seeks to add or change provisions of an order. Any request to dismiss or make changes to an existing order must be done in person and heard before a judge. Restraining orders cannot be dropped or modified by telephone. If the plaintiff reconciles with the defendant, it does not mean an automatic 

dismissal of an order. If the plaintiff wishes to reconcile with the defendant the plaintiff must appear before a judge in the Family Division of Superior Court to request a dismissal. Contact between the plaintiff and defendant in advance of a court order subjects the defendant to criminal prosecution. If the restraining order is dismissed, there still may be pending criminal charges that need to be addressed separately in the appropriate Municipal or Criminal Court. 

What happens to child support if the plaintiff asks for the Final Restraining Order to be dismissed? 

If the FRO is dismissed, child support can be continued on a new order if requested. 

What if the parties want to attend counseling? 

The parties may not attend counseling together if there is an order in effect. There is no mediation of any kind if there is a restraining order in effect or a history of domestic violence. 

Does the Final Restraining Order expire? 

FROs do not expire in New Jersey. Additionally, the Full Faith and Credit provisions of the Federal Violence Against Women Act requires all states, US territories and commonwealths to enforce restraining orders. This means if you leave New Jersey, your order is enforceable in every state, US territory, and commonwealth. Keep the order with you at all times. 

A Guide to the Most Frequently Asked Questions 

Domestic violence related inquiries 

Please call 609-984-4228, or 

njcourts.com 

Statewide Domestic Violence Hotline: 

(Womanspace Inc.) 

24 Hour Hotline: 1-800-572-SAFE 

TTY: 1-888-252-7233 

National Domestic Violence Hotline 

1-800-799-SAFE 

New Jersey Coalition 

For Battered Women: 

609-584-8107 

TTY: 609-584-0027 

njcbw.org