Updated Domestic Violence Brochures

  

Updated Domestic Violence Brochures 

Directive # 05-24

Updated Domestic Violence Brochures

DATE: April 8, 2024

 

This directive promulgates three revised and updated domestic violence

brochures. The attached brochures explain the entire domestic violence court

process for both the plaintiff and the defendant. Each brochure references the

other two so that court users are aware of the additional information that is

available.

The three new brochures cover the following areas:

1. “What is Domestic Violence?”

2. “Temporary Restraining Order Process”

3. “Final Restraining Order Process”

Attachments (Brochures):

(1) “What is Domestic Violence?” (CN 12968)

(2) “Temporary Restraining Order Process” (CN 12969)

(3) “Final Restraining Order Process” (CN 12970

 

Attachment 1

“What is Domes􀆟c Violence?”

CN 12968

Published 04/08/2024, CN 12968

New Jersey Judiciary

What is Domestic Violence?

 

Published 04/08/2024, CN 12968

What is Domestic Violence?

Domestic violence, or sometimes referred to as intimate partner violence, is when one person in a relationship

tries to control and hurt the other person. This can happen through physical violence, like hitting or pushing, or

through emotional abuse, such as threats, intimidation, or controlling behavior.

What is a Restraining Order?

A restraining order is a civil order of protection issued by the court that is meant to protect a victim of domestic

violence. The conditions contained in a restraining order are based upon each person’s circumstances and vary

from case to case.

In New Jersey, someone can request a domestic violence restraining order if one or more of the following 19

acts have been committed: homicide, assault, terroristic threats, kidnapping, criminal restraint, false

imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass,

harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order, cyber harassment, and

any crime involving risk of death or serious bodily injury.

Who Can Qualify for a Restraining Order?

You can qualify if you are 18 years of age or older or an emancipated minor and you have been subjected to

domestic violence by:

• a spouse

• a former spouse

• any other person who is now or was in the past living in the same household.

You can also qualify, regardless of age, if you have been subjected to domestic violence by a person with

whom:

• you have a child in common.

• you expect to have a child in common.

• if one of you is pregnant

• you have had a dating relationship.

Who is an Emancipated Minor?

A minor is a person under 18 years of age and is considered emancipated when the minor:

• is or has been married.

• has entered military service.

• has a child or is pregnant.

• has been previously declared by a court or an administrative agency to be emancipated.

Published 04/08/2024, CN 12968

What if the Defendant is Under the Age of 18?

If the defendant is under the age of 18 and does not qualify as an emancipated minor, you might be able to have

law enforcement file juvenile charges. Contact the police department where the incident occurred.

What Types of Relationships are Covered?

The plaintiff and defendant must have or have had a specific relationship to qualify for a domestic violence

restraining order. The gender of the parties does not matter.

The relationship must be one of the following:

• Married/separated/divorced.

• Living in the same household now or in the past

• Dating

• A person with whom the plaintiff has a child in common or anticipates having a child in common (one

party is currently pregnant).

The defendant (the person the plaintiff is filing against) must be 18 years of age or older or be an emancipated

minor.

Where Can You Apply for a Restraining Order?

You can apply for a restraining order in person or by telephone at the courthouse in the county where the act of

domestic violence took place, where you live, where the defendant lives, or where you are temporarily staying

or sheltered.

On weekends, holidays, after court hours, or any other time the Superior Court is closed, you can apply for a

restraining order at the local police department in the municipality where the act of domestic violence took

place, where you live, where the defendant lives, or where you are temporarily staying or sheltered.

If a criminal complaint is filed for the domestic violence incident, law enforcement can complete the application

for a restraining order simultaneously, even if the Superior Court is open.

See the brochure “TRO Process” (CN 12969) for more information.

Attachment 2

“Temporary Restraining Order Process”

CN 12969

Published 04/08/2024, CN 12969

New Jersey Judiciary

Temporary Restraining Order Process

See “CN 12968 - What is Domestic Violence?” if you need help knowing if you qualify for a domestic violence

restraining order.

New Jersey Courts

www.njcou r ts.gov

Independence• Integrity

Fairness• Quality Service

Published 04/08/2024, CN 12969

How Does Someone Apply for a Restraining Order at the Local Police Department?

The police officer will interview the person applying and complete a domestic violence civil complaint for a

restraining order. The person applying is known as the plaintiff in the case. The defendant is the person who is

alleged to have committed the act of domestic violence. The police officer will contact a municipal court judge

for a telephone hearing, which is recorded. The judge will question the plaintiff about the current and prior

domestic violence events. The plaintiff should let the judge know if the defendant has access to any firearms.

The judge will enter a decision to either grant or deny the request for a restraining order. This hearing is held

without the defendant.

What Happens After the Municipal Court Judge Issues a Decision?

If the judge grants the application, the judge will sign a temporary restraining order (TRO). The plaintiff will

receive a copy of the order and date for a final restraining order (FRO) hearing, which will take place in 10

days. The defendant will be served with the TRO and the FRO hearing date by the local police department. The

plaintiff and defendant must appear on the scheduled day of the final hearing.

If the judge denies application for a restraining order, a request can be made for an immediate review of the

TRO denial with a Superior Court judge. The Superior Court judge will conduct a hearing on the TRO

complaint by telephone and decide to grant or deny the TRO request. If the judge denies the request for the

TRO, an appeal of the denial can be filed in the Appellate Division.

How Does Someone Apply for a Restraining Order in the Superior Court?

A domestic violence staff member in the family division will interview the plaintiff and ask specific questions

about the incident that has brought them to the 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 held without

the defendant. The plaintiff should let the judge know if the defendant has access to any firearms.

If the judge grants the application, the judge will sign a temporary restraining order (TRO). The plaintiff will

receive a copy of the order and date for a final restraining order (FRO) hearing, which will take place in 10

days. The defendant will be served with the TRO and the FRO hearing date by the local police department. The

plaintiff and defendant must appear on the scheduled day of the final hearing.

If a domestic violence hearing officer conducts the hearing and does not recommend the TRO, the plaintiff can

request to have the matter heard before a Superior Court judge that same day. If the judge denies the request for

the TRO, an appeal of the denial can be filed in the Appellate Division.

Can a TRO be Changed?

The TRO application can be changed prior to the final restraining order hearing. If the plaintiff wants to change

the application for the following reasons, they can complete the required forms and no new hearing is required:

• Add more information about the incident that led the plaintiff to file a complaint for a restraining order.

• The defendant violated the restraining order and/or committed additional acts of domestic violence and

the plaintiff wants to add the new acts to the complaint.

• Add more information about prior history of domestic violence between the plaintiff and the defendant

that was not on the original complaint.

• Add the names of the children that the plaintiff and the defendant have in common that were not

included on the original domestic violence complaint that was filed in this matter.

Published 04/08/2024, CN 12969

If the plaintiff wants to change the application and/or the TRO for other reasons than listed above, such as to

seek additional relief for visitation or financial support, call the family division office in the county where the

restraining order was issued for additional instructions.

What Does the Defendant Do Once Served with a TRO?

Once a TRO is granted by a Superior Court or Municipal court judge, a final restraining order hearing is

scheduled. The hearing date will be on the order. The defendant must attend the court hearing. The defendant

has the right to bring an attorney; the court cannot provide an attorney. Failure to appear at the hearing could

result in the court entering an FRO against the defendant.

The defendant should be aware that any violation of any of the conditions listed in the TRO could be either a

civil or criminal contempt and could result in an arrest, prosecution, and possible incarceration. It is important

that the defendant abide by the conditions of the order.

If the defendant wants to appeal the TRO, an Application for Appeal and Order can be filed in the county where

the TRO was entered by the court. Application for Appeal and Order (njcourts.gov)

See the brochure “Final Restraining Order Process” (CN 12970) for more information.

Attachment 3

“Final Restraining Order Process”

CN 12970

Published 04/08/2024, CN 12970

New Jersey Judiciary

Final Restraining Order Process

See “CN 12968 - What is Domestic Violence?” to know if you qualify for a domestic violence restraining

order. See “CN 12969 - Temporary Restraining Order Process” for information on applying for a domestic

violence restraining order.

Published 04/08/2024, CN 12970

What Happens at the Final Restraining Order (FRO) Hearing?

The FRO hearing will be scheduled within 10 days of the temporary restraining order (TRO) being issued.

The plaintiff and defendant have the right to have an attorney and can ask for an adjournment (a delay) of the

hearing to obtain legal representation. An application for a restraining order is a civil matter, and for that reason

the court cannot provide an attorney to either the plaintiff or defendant.

At the FRO hearing, the judge will hear testimony from the plaintiff and the defendant, if the defendant chooses

to testify. The judge will decide whether an act of domestic violence occurred and whether a FRO should be

issued to protect the plaintiff from further acts of domestic violence.

The plaintiff and defendant will need to prepare themselves and any witnesses they might have for the court

hearing. If either side has evidence they wish to present at the hearing, for example, photos, text messages or

video, contact the court prior to the hearing for instructions on providing this evidence.

• Children should not be brought to the final hearing unless otherwise instructed by a judge to do so.

• Failure of a plaintiff to appear at the scheduled time might result in the case being postponed to another

day and/or time, or the case might be dismissed by the court.

If a judge finds that an act of domestic violence has occurred, the defendant can be prohibited against future acts

of domestic violence. The defendant can 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 can be prohibited from stalking, following, or threatening to harm, stalk, or follow the plaintiff or

others. The defendant can be ordered to pay child support, emergent monetary relief, attend substance abuse

counseling or undergo necessary evaluations. The court also can suspend parenting time or order supervised

parenting time. The defendant will be prohibited from possessing any weapons.

The plaintiff can be given exclusive possession of the residence, temporary custody of children, emergent

temporary support, medical coverage, damages, and other relief. 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 court’s

finance department.

A copy of the FRO will be given to both the plaintiff and the defendant. 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 lives.

The plaintiff should provide copies to work, daycare centers, schools, and other relevant locations.

The plaintiff should always keep the FRO in their possession. If lost, additional copies can be obtained from the

domestic violence unit where the order was entered.

What if the Plaintiff Appears for Court and the Defendant Fails to Appear?

The judge can 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 court date can be

scheduled, and the TRO will remain in effect. A law enforcement officer will serve the defendant with a copy of

the final order.

Published 04/08/2024, CN 12970

What if the Defendant Does Not Comply with the FRO?

If the defendant is not complying with the custody or specific restraint provisions in the order, the plaintiff can

go to the police station and seek criminal charges. If the defendant is not complying with visitation or the child

support provisions, the plaintiff can complete an application to modify/enforce a domestic violence order, which

can be found in the forms section at njcourts.gov.

Does a FRO Expire?

An FRO does not have an expiration date and will remain in effect until further order of the court.

Can the Defendant Ask to Vacate the FRO?

The defendant can ask the court to vacate or remove the FRO by filing a motion with the court. There is a

motion packet How to Ask the Court to Dismiss a Final Restraining Order (CN12420) that can be found at

njcourts.gov.

What Happens if the Plaintiff Wants to Dismiss (Drop) or Change an Existing FRO?

Any request to dismiss (drop) or change an existing restraining order must be made in person and heard before a

judge.

Restraining orders cannot be dismissed or modified by telephone. If the parties reconcile, it does not mean an

automatic dismissal of an order. The plaintiff must appear before a judge in the Family Division of Superior

Court to request a dismissal.

Contact between parties before the restraining order is dismissed subjects the defendant to criminal prosecution.

If the restraining order is dismissed, there still might 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 FRO 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 cannot attend counseling together if there is a restraining order in effect. Custody and/or parenting

time mediation is not permitted if there is a restraining order in effect.

Does the FRO 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, U.S. territories, and commonwealths to enforce restraining orders. This

means if the plaintiff leaves New Jersey, the order is enforceable in every state, U.S. territory and

commonwealth. The plaintiff should always keep the order with them.