The Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 et seq.

The Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 et seq. 

In 1991, the Legislature found and declared that domestic violence is a serious crime against society. It found that thousands of persons in this State were regularly beaten, tortured and in some cases killed by their spouses or cohabitants; that a significant number of women were assaulted while pregnant; that victims of domestic violence came from all social and economic backgrounds; that there is a positive correlation between spousal abuse and child abuse and, that children, even if they are not themselves physically assaulted, suffer deep and lasting emotional effects from exposure to domestic violence. The Legislature further found that some of its most vulnerable citizens, the elderly and disabled, are victims of domestic violence as well. 

The Legislature also found that although many of the existing criminal statutes were applicable to acts of domestic violence, societal attitudes concerning domestic violence have affected the response of the law enforcement and judicial systems resulting that these acts received different treatment from similar crimes when they occur in a domestic violence context.  The Legislature additionally identified the training needs of police and judicial personnel in the procedure and enforcement of this act. 

The New Jersey Domestic Violence Act provides for two forms of relief to a victim of domestic violence: Civil relief, which is in the form of obtaining a restraining order, and criminal relief, which allows a victim to file criminal complaints against the batterer. 

The Judiciary of New Jersey continues to be committed to responding to the needs of victims of domestic violence and their families and continues to make strides in effectuating the legislative mandates as set forth in the Prevention of Domestic Violence Act. This Website identifies current process and procedure.


  

Domestic Violence Procedures Manual 

In October 1991, the first Domestic Violence Procedures Manual was promulgated by the Supreme Court and the Attorney General. The Procedures Manual undergoes revision as needed to accommodate statutory and Court Rule revisions. The Manual was last revised in November 1998. It contains standardized procedures and guidelines for the law enforcement and judicial portions of the protective process.  Below are pertinent portions of the Prevention of Domestic Violence Act as found in the Domestic Violence Procedures Manual. 

1.     Court of Jurisdiction:

Temporary Restraining Order:

In New Jersey, a Temporary Restraining Order may be entered against a defendant who has been alleged to be a batterer, in the following courts: 
Superior Court, Chancery Division, Family Part
A victim may approach the Superior Court, Chancery Division, Family Part, during regular court hours (8:30 a.m. until 3:30 p.m.) to seek a Temporary Restraining Order. Temporary Restraining Orders may be granted by either a Judge of the Superior Court, Family Part or a Domestic Violence Hearing Officer. 
Municipal Court
After 3:30 p.m. and on weekends and other times when the Superior Courts are closed, a victim contacts local law enforcement who assists the victim in obtaining a Temporary Restraining Order from a Municipal Court Judge. 
Final Restraining Order:
Superior Court, Chancery Division, Family Part (Only)
A hearing must be scheduled before a Judge of the Superior Court, Chancery Division, Family Part, within 10 days after a Temporary Restraining Order has been entered. Only a Judge of the Superior Court, Chancery Division, Family Part, may grant a Final Restraining Order. 

2.     Protected Classes:

A victim of domestic violence is a person protected by the Domestic Violence Act (including abuse and neglect of the elderly and disabled) and includes any person: 

1. who is 18 years of age or older, or 
2. who is an emancipated minor, and who has been subjected to domestic violence by: 
   1. spouse 
   2. former spouse 
   3. any other person who is a present or former household member, OR
3. who regardless of age, has been subjected to domestic violence by a person: 
   1. with whom the victim has had a child in common, or 
   2. with whom the victim has had a dating relationship.
4. who, regardless of age, has been subjected to domestic violence by a person with whom the victim has had a dating relationship. 
   1. a victim may be below the age of 18. 
   2. a domestic violence assailant must be over the age of 18 or emancipated at the time of the offense. 

The Prevention of Domestic Violence Act does not define a victim of domestic violence by age, physical or psychological condition or sex. 

An unemancipated minor who commits an act of domestic violence may not be prosecuted as a domestic violence defendant but can be prosecuted under the juvenile delinquency laws. The entry of pre- or post-dispositional restraints can also be considered. 

A minor is considered emancipated from his or her parents when the minor: 

1. has been married 
2. has entered military service
3. has a child or is pregnant; or 
4. has been previously declared by the court or an administrative agency to be emancipated. 

 

3. Definition of Domestic Violence 

Domestic violence means the occurrence of one or more of the following criminal offenses upon a person protected under the Prevention of Domestic Violence Act: 

Homicide	N.J.S.A. 2C:11-1		Assault	N.J.S.A. 2C:12-1
Terroristic threats	N.J.S.A. 2C:12-3		Kidnapping	N.J.S.A. 2C:13-1
Criminal Restraint	N.J.S.A. 2C:13-2		False imprisonment	N.J.S.A. 2C:13-3
Sexual assault	N.J.S.A. 2C:14-2		Lewdness	N.J.S.A. 2C:14-4
Criminal sexual contact	N.J.S.A. 2C:14-3		Criminal mischief	N.J.S.A. 2C:17-3
Burglary	N.J.S.A. 2C:18-2		Criminal trespass	N.J.S.A. 2C:18-3
Harassment	N.J.S.A. 2C:33-4		Stalking	N.J.S.A. 2C:12-10

Stalking has been added as an enumerated offense. Stalking is defined in N.J.S.A.2C:12-10b as follows: 

A person is guilty of stalking, a crime of the fourth degree, if he purposely and repeatedly follows another person and engages in a course of conduct or makes a credible threat with the intent of annoying or placing that person in reasonable fear of death or bodily injury.

Harassment is defined in N.J.S.A. 2C:33-4 as follows: 

...a person commits a petty disorderly persons offense if, with purpose to harass another, he:
a.  Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse  language, or any other manner likely to cause annoyance or alarm; 
 b.  Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or 

 c.  Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person. 

Possible Reliefs:

Victim:

• Granting exclusive possession of residence. 
• Granting temporary custody of children. 
• Emergent support to victim, dependent(s). 
• Ongoing support to victim, dependent(s) (Final Restraining Order only). 
• Punitive damages (Final Restraining Order only). 
• Punitive damages to third parties (Final Restraining Order only). 
• Medical coverage to victim, dependent(s).
• Rent or mortgage payments. 
• Placing limitation on visitation and assessing risk to children posed by the defendant. 
• Compensatory damage. 
• Law enforcement accompaniment by either party to shared residence to supervise removal of personal belongings. 

Prohibitions against Defendant:

• Prohibition from returning to scene of violence. 
• Prohibition from future acts of domestic violence. 
• Prohibition from locations where victim (and others) are employed or reside. 
• Prohibition from any oral, written, personal or other form of contact with victim and others. 
• Prohibition from making or causing anyone else to make harassing communications to victim and others. 
• Prohibition from stalking, following or threatening to harm, to stalk or to follow victim and others. 
• Payment of emergent monetary relief to victim and dependents. 
• Defendant may be made subject to intake monitoring of conditions and restraints. 
• Defendant may be ordered to psychiatric or other evaluations or treatment. 
• Prohibition against possession of weapons including application to purchase firearm, permit to carry firearm and firearm purchaser identification card. 

Sanctions for Non-Compliance Civil and Criminal

1. Non-compliance Civil Relief:
   Violation of a Civil Restraining Order may result in: 
   1. Civil contempt. 
   2. Criminal contempt. 

   Additionally, if a defendant violates portions of a restraining order pertaining to monetary compensation, visitation, rent or mortgage payments, temporary possession of specified personal property, or counseling, a victim may motion the court for Enforcement of Litigant's Rights. 

2. Non-compliance Criminal Relief:
   1. Criminal Contempt 

      When a defendant “purposely or knowingly violates any provision” of an order entered under the Prevention of Domestic Violence Act, a defendant may be charged with criminal contempt of an existing order. 

   2. Violation of Probation 

      Violation of probation where defendant has been found or has pled guilty to criminal charges and has been placed on probation, or of criminal contempt and has been placed on probation.

   A thirty-day mandatory term of incarceration for a second conviction for non-indictable contempt. 

4. Weapons Seizure

The Prevention of Domestic Violence Act authorizes the search for and the seizure of any weapon(s) in a number of different contexts. This includes both firearms or other weapons(s) illegally in the defendant's possession, firearms or other weapon(s) that are used or threatened to be used in the domestic violence incident, and firearms or other legal weapon(s) that a court prohibits the defendant from possessing in a restraining order. 

1. At the time the Temporary Restraining Order or Final Restraining Order is issued, the court is authorized to prohibit the possession of firearms or other weapon(s). The court can also order the defendant to immediately surrender such weapon(s), along with any issued application to purchase firearms, permit to carry a firearm, and/or firearms purchaser identification card at the time the restraining order is served. Failure by the defendant to do so may constitute criminal contempt of the restraining order. This prohibition can be accompanied by an order to search for and seize the weapon(s) at any location(s) where the court has reasonable cause to believe the weapon(s) is located. The court must state with specificity the reasons for and scope of the search and seizure. The order may also include a provision for the seizure of any applications to purchase firearms issued permits to carry a firearm, or firearms purchaser identification card that has been issued to the defendant. 
2. In addition, police who are called to the scene of a domestic violence incident can ask about, locate, and seize weapons without first obtaining a restraining order that contains an order to search and seize. If an officer responding to a scene sees a weapon(s) or learns that a weapon(s) is present within the premises and reasonably believes that the weapon(s) would expose the victim to a risk of serious bodily injury, the law enforcement officer should attempt to gain possession of the weapon(s). 

The Prevention of Domestic Violence Act also provides for the forfeiture or return of seized weapons. Once a weapon or weapons has been seized, the Prosecutor has 45 days to move for forfeiture of the weapon(s), with notice to the plaintiff and the defendant. If the prosecutor does not do so, the weapons are to be returned to the defendant or other owner. Where forfeiture is pursued by the prosecutor, or where the prosecutor has failed to return the weapon(s) after the specified time frame, the court is to schedule a hearing within 15 days of the prosecutor's or defendant's request.

Violence Against Women Act (VAWA) - Full Faith & Credit Provisions 

Under the federal Violence Against Women Act, a victim who has a restraining order from her/his home state and flees to another state to seek safety from further abuse, may seek enforcement of the existing restraining order in the new state. The new state must provide full faith and credit to any existing restraining order or order of protection. The Family Practice Division of the Administrative Office of the Courts, the State Domestic Violence Working Group and members of its Full Faith and Credit Subcommittee, have been working diligently to ensure that a victim of domestic violence receives the protection afforded to that victim by all New Jersey Courts. Police in New Jersey are trained to recognize as valid, all out-of-state restraining orders, when a victim calls upon them. The Supreme Court's State Domestic Violence Working Group continues to meet to define and promulgate a system to validate and register or domesticate a foreign order. It is anticipated that New Jersey will have a statewide protocol established in the near future. 

As part of this initiative, the Family Practice Division of the Administrative Office of the Courts, has been working closely with the Domestic Violence Coordinating Council, Wilmington, Delaware, to organize a Full Faith & Credit Conference between six states: Delaware, Virginia, Pennsylvania, Maryland, District of Columbia and New Jersey. The Conference is scheduled for October 1999 in Wilmington, Delaware. The goal of the Conference is to ensure that there is mutual compliance in the recognition of an out-of-state restraining order or order of protection among these six states. Ultimately, there will be national conformance to the same standards.

If you have a Domestic Violence Restraining Order or Order of Protection from another State or U.S. Territory and you now live in New Jersey or are moving to New Jersey, you have choices regarding your existing Restraining Order:

Do nothing with the Order. New Jersey Courts and Police are instructed to enforce any Order that appears to be valid.

- OR -

You can have your out-of-state order recognized by the New Jersey Superior Court, Chancery Division, Family Part, as a valid order or you may choose to obtain a New Jersey Restraining Order Source http://www.treehousehaven.org/id53.html.