What is domestic violence?

What is domestic violence?

 The relationship must be one of the following:

marriage; separation; divorce; living

together in the same household at

present or in the past; a person whom the

plaintiff has dated or a person with whom

the plaintiff has a child in common or anticipates

having a child in common. The

defendant must be 18 or older or be an

emancipated minor. Under the PDVA, a

minor is considered emancipated from his

or her parents when the minor is or has

been married, has entered military service,

has a child or is pregnant, or has been previously

declared by the court or an administrative

agency to be emancipated.

What is a restraining order?

Arestraining order is an order issued by

the court that is intended to protect a victim

of domestic violence. The provisions contained

in this type of court order are based

upon the circumstances and vary from case

to case.

Who can qualify for a restraining order?

A victim of domestic violence is a person

who is 18 years of age or older, or who

is an emancipated minor, and who has been

subjected to domestic violence by: a

spouse, former spouse, present or former

household member OR who, regardless of

age, has been subjected to domestic violence

by a person: with whom the victim

has a child in common, or with whom the

victim anticipates having a child in common,

if one of the parties is pregnant, OR

who regardless of age, has been subjected

to domestic violence by a person with

whom the victim has had a dating relationship.

A defendant must be 18 or emancipated.

How does a person apply for a

restraining order?

Aperson may file where the domestic violence

occurred, where the defendant resides,

where the plaintiff resides, or where

the plaintiff is sheltered or temporarily

staying.Adomestic violence complaint can

be filed at the Domestic Violence Unit of

the Superior Court/Family Division Monday

through Friday, 8:30 a.m. to 3:30 p.m.

On weekends, holidays and weekdays after

3:30 p.m. and other times when the Superior

Court is closed, a plaintiff may file a

complaint at the local police department.

What are criminal charges?

In addition to requesting a restraining

order, the plaintiff can file a criminal complaint

arising from the same incident. The

plaintiff can file criminal charges, request

a restraining order, or both. If there are visible

signs of injury, the police officer must

sign a criminal complaint.When the plaintiff

is seeking a TRO, a companion criminal

complaint may be filed where the alleged

act occurred, where the defendant resides,

where the plaintiff resides, or where the

plaintiff is sheltered or temporarily staying.

Criminal charges are filed in the town

where the incident occurred and are heard

in either Municipal Court or the Criminal

Division of Superior Court.

What happens when the restraining

order is requested at the

courthouse?

A domestic violence staff member will

interview the plaintiff and ask specific

questions that pertain to the incident that

has brought them to court and about past

incidents of domestic violence.After the interview,

there will be a hearing with a domestic

violence hearing officer or judge.

This hearing is without notice to the defendant.

If the restraining order is granted, the

plaintiff will be issued a temporary restraining

order (TRO). If the hearing officer does

not recommend a TRO, the plaintiff may

request to have the matter heard before a

judge.

If the court issues a TRO, the plaintiff

will be given a date to return for a final restraining

order (FRO) hearing within 10

days.

Copies of the TRO will be sent to law

enforcement for personal service on the defendant.

The plaintiff and defendant need

to appear on the scheduled day of the final

hearing.

What happens at the Final Restraining

Order hearing?

In the hearing, the judge will hear testimony

from both parties. The judge will decide

whether an act of domestic violence

occurred, whether a final restraining order

(FRO) should be issued and if so, what

types of relief will be granted.

If a judge finds that an act of domestic

violence has occurred, the defendant may

be prohibited against future acts of domestic

violence. He or she may be barred from

the plaintiff’s residence, place of employment

or other places; prohibited from having

any oral, written, personal or electronic

form of contact or communication with the

plaintiff or others; and prohibited from

making or causing anyone else to make harassing

communications to the plaintiff or

others. The defendant may be prohibited

from stalking, following or threatening to

harm, stalk or follow the plaintiff or others.

The defendant may be ordered to pay child

support, emergent monetary relief, attend

substance abuse counseling or other evaluations.

The defendant will be prohibited

from possession of weapons.

The plaintiff may be issued exclusive

possession of the residence, temporary custody

of children, support, medical coverage,

damages and other items.

If the FRO is issued, the defendant will

be photographed and fingerprinted and will

be ordered to pay a penalty of $50 to $500

payable through the courts finance department.

Acopy of the FRO will be given to both

parties. It is important to review the order

before leaving the building to ensure accuracy.

The Family Division will forward a

copy of the order to the police department

in the municipality where the plaintiff resides.

The plaintiff should also provide

copies to work, daycare centers, schools

and any other places of significance.

The plaintiff should keep the FRO in his

or her possession at all times. If lost, additional

copies may be requested at the Domestic

Violence Unit where the order was

entered.

Should the parties bring anything to the

Final Restraining Order hearing?

Parties should bring photos of injuries

and property damage, witnesses, medical

documents, receipts from property damage

and financial information if requesting

rent/mortgage payments, spousal or child

support, or any other important documents.

Bring anything you want the court to consider.

Bring an attorney if you have retained

one.

source http://www.judiciary.state.nj.us/atlantic/pdf/DV_Brochure.pdf