DOMESTIC VIOLENCE LAW
IN NEW JERSEY
IN NEW JERSEY
by Kenneth A. Vercammen, Esq.
New Jersey domestic
violence laws are very strict. If there are any signs of physical injuries the
police must arrest the abuser. Even
without independent witnesses and no
physical injuries, police may arrest the abuser. Domestic Violence is a crime under the law,
and the police must respond to the calls of victims. The police are required to
give the victim information about their rights and to help them. Among other
things, police must write up a report. For example, O.J. Simpson would not have gotten
away with abuse in New Jersey. Police are automatically required to arrest an
abuser if they see any evidence of abuse or assault.
violence laws are very strict. If there are any signs of physical injuries the
police must arrest the abuser. Even
without independent witnesses and no
physical injuries, police may arrest the abuser. Domestic Violence is a crime under the law,
and the police must respond to the calls of victims. The police are required to
give the victim information about their rights and to help them. Among other
things, police must write up a report. For example, O.J. Simpson would not have gotten
away with abuse in New Jersey. Police are automatically required to arrest an
abuser if they see any evidence of abuse or assault.
Even during the evening,
your town Municipal Court or Superior Court can issue a civil restraining order
which is a legally enforceable document. The temporary restraining order will
prohibit the defendant/abuser from harassing you or entering your residence.
your town Municipal Court or Superior Court can issue a civil restraining order
which is a legally enforceable document. The temporary restraining order will
prohibit the defendant/abuser from harassing you or entering your residence.
Unlike a criminal case
where a person is provided with lengthy due process, and if guilty receives
probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching
orders. A domestic violence hearing is
usually held within only ten (10) days of the filing of an ex parte complaint
and temporary restraining order. After a
hearing , NJSA 2C:25-29 (b) allows the Chancery Division, Family Part Judge to
grant substantial relief to the complainant.
where a person is provided with lengthy due process, and if guilty receives
probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching
orders. A domestic violence hearing is
usually held within only ten (10) days of the filing of an ex parte complaint
and temporary restraining order. After a
hearing , NJSA 2C:25-29 (b) allows the Chancery Division, Family Part Judge to
grant substantial relief to the complainant.
At
the hearing the judge of the Family Part of the Chancery Division of the
Superior Court may issue an order granting any or all of the following
relief:
the hearing the judge of the Family Part of the Chancery Division of the
Superior Court may issue an order granting any or all of the following
relief:
(1)An
order restraining the defendant from subjecting the victim to domestic
violence, as defined in this act.
order restraining the defendant from subjecting the victim to domestic
violence, as defined in this act.
(2)An
order granting exclusive possession to the plaintiff of the residence or
household regardless of whether the residence or household is jointly or solely
owned by the parties or jointly or solely leased by the parties. This
order shall not in any manner affect title or interest to any real property
held by either party or both jointly. If it is not possible for the victim
to remain in the residence, the court may order the defendant to pay the
victim's rent at a residence other than the one previously shared by the
parties if the defendant is found to have a duty to support the victim and the
victim requires alternative housing.
order granting exclusive possession to the plaintiff of the residence or
household regardless of whether the residence or household is jointly or solely
owned by the parties or jointly or solely leased by the parties. This
order shall not in any manner affect title or interest to any real property
held by either party or both jointly. If it is not possible for the victim
to remain in the residence, the court may order the defendant to pay the
victim's rent at a residence other than the one previously shared by the
parties if the defendant is found to have a duty to support the victim and the
victim requires alternative housing.
(3)An
order providing for parenting time. The order shall protect the safety
and well-being of the plaintiff and minor children and shall specify the place
and frequency of parenting time. Parenting time arrangements shall not
compromise any other remedy provided by the court by requiring or encouraging
contact between the plaintiff and defendant. Orders for parenting time
may include a designation of a place of parenting time away from the plaintiff,
the participation of a third party, or supervised parenting time.
order providing for parenting time. The order shall protect the safety
and well-being of the plaintiff and minor children and shall specify the place
and frequency of parenting time. Parenting time arrangements shall not
compromise any other remedy provided by the court by requiring or encouraging
contact between the plaintiff and defendant. Orders for parenting time
may include a designation of a place of parenting time away from the plaintiff,
the participation of a third party, or supervised parenting time.
(a)The
court shall consider a request by a custodial parent who has been subjected to
domestic violence by a person with parenting time rights to a child in the
parent's custody for an investigation or evaluation by the appropriate agency to
assess the risk of harm to the child prior to the entry of a parenting time
order. Any denial of such a request must be on the record and shall only
be made if the judge finds the request to be arbitrary or capricious.
court shall consider a request by a custodial parent who has been subjected to
domestic violence by a person with parenting time rights to a child in the
parent's custody for an investigation or evaluation by the appropriate agency to
assess the risk of harm to the child prior to the entry of a parenting time
order. Any denial of such a request must be on the record and shall only
be made if the judge finds the request to be arbitrary or capricious.
(b)The
court shall consider suspension of the parenting time order and hold an
emergency hearing upon an application made by the plaintiff certifying under
oath that the defendant's access to the child pursuant to the parenting time
order has threatened the safety and well-being of the child.
court shall consider suspension of the parenting time order and hold an
emergency hearing upon an application made by the plaintiff certifying under
oath that the defendant's access to the child pursuant to the parenting time
order has threatened the safety and well-being of the child.
(4)An
order requiring the defendant to pay to the victim monetary compensation for
losses suffered as a direct result of the act of domestic violence. The
order may require the defendant to pay the victim directly, to reimburse the
Victims of Crime Compensation Board for any and all compensation paid by the
Victims of Crime Compensation Board directly to or on behalf of the victim, and
may require that the defendant reimburse any parties that may have compensated
the victim, as the court may determine. Compensatory losses shall
include, but not be limited to, loss of earnings or other support, including
child or spousal support, out-of-pocket losses for injuries sustained, cost of
repair or replacement of real or personal property damaged or destroyed or
taken by the defendant, cost of counseling for the victim, moving or other
travel expenses, reasonable attorney's fees, court costs, and compensation for
pain and suffering. Where appropriate, punitive damages may be awarded in
addition to compensatory damages.
order requiring the defendant to pay to the victim monetary compensation for
losses suffered as a direct result of the act of domestic violence. The
order may require the defendant to pay the victim directly, to reimburse the
Victims of Crime Compensation Board for any and all compensation paid by the
Victims of Crime Compensation Board directly to or on behalf of the victim, and
may require that the defendant reimburse any parties that may have compensated
the victim, as the court may determine. Compensatory losses shall
include, but not be limited to, loss of earnings or other support, including
child or spousal support, out-of-pocket losses for injuries sustained, cost of
repair or replacement of real or personal property damaged or destroyed or
taken by the defendant, cost of counseling for the victim, moving or other
travel expenses, reasonable attorney's fees, court costs, and compensation for
pain and suffering. Where appropriate, punitive damages may be awarded in
addition to compensatory damages.
(5)An
order requiring the defendant to receive professional domestic violence
counseling from either a private source or a source appointed by the court and,
in that event, requiring the defendant to provide the court at specified
intervals with documentation of attendance at the professional
counseling. The court may order the defendant to pay for the professional
counseling. No application by the defendant to dissolve a final order
which contains a requirement for attendance at professional counseling pursuant
to this paragraph shall be granted by the court unless, in addition to any
other provisions required by law or conditions ordered by the court, the
defendant has completed all required attendance at such counseling.
order requiring the defendant to receive professional domestic violence
counseling from either a private source or a source appointed by the court and,
in that event, requiring the defendant to provide the court at specified
intervals with documentation of attendance at the professional
counseling. The court may order the defendant to pay for the professional
counseling. No application by the defendant to dissolve a final order
which contains a requirement for attendance at professional counseling pursuant
to this paragraph shall be granted by the court unless, in addition to any
other provisions required by law or conditions ordered by the court, the
defendant has completed all required attendance at such counseling.
(6)An
order restraining the defendant from entering the residence, property, school,
or place of employment of the victim or of other family or household members of
the victim and requiring the defendant to stay away from any specified place
that is named in the order and is frequented regularly by the victim or other
family or household members.
order restraining the defendant from entering the residence, property, school,
or place of employment of the victim or of other family or household members of
the victim and requiring the defendant to stay away from any specified place
that is named in the order and is frequented regularly by the victim or other
family or household members.
(7)An
order restraining the defendant from making contact with the plaintiff or
others, including an order forbidding the defendant from personally or through
an agent initiating any communication likely to cause annoyance or alarm
including, but not limited to, personal, written, or telephone contact with the
victim or other family members, or their employers, employees, or fellow
workers, or others with whom communication would be likely to cause annoyance
or alarm to the victim.
order restraining the defendant from making contact with the plaintiff or
others, including an order forbidding the defendant from personally or through
an agent initiating any communication likely to cause annoyance or alarm
including, but not limited to, personal, written, or telephone contact with the
victim or other family members, or their employers, employees, or fellow
workers, or others with whom communication would be likely to cause annoyance
or alarm to the victim.
(8)An
order requiring that the defendant make or continue to make rent or mortgage
payments on the residence occupied by the victim if the defendant is found to
have a duty to support the victim or other dependent household members;
provided that this issue has not been resolved or is not being litigated
between the parties in another action.
order requiring that the defendant make or continue to make rent or mortgage
payments on the residence occupied by the victim if the defendant is found to
have a duty to support the victim or other dependent household members;
provided that this issue has not been resolved or is not being litigated
between the parties in another action.
(9)An
order granting either party temporary possession of specified personal
property, such as an automobile, checkbook, documentation of health insurance,
an identification document, a key, and other personal effects.
order granting either party temporary possession of specified personal
property, such as an automobile, checkbook, documentation of health insurance,
an identification document, a key, and other personal effects.
(10)
An order awarding emergency monetary relief, including emergency support for
minor children, to the victim and other dependents, if any. An ongoing
obligation of support shall be determined at a later date pursuant to
applicable law.
An order awarding emergency monetary relief, including emergency support for
minor children, to the victim and other dependents, if any. An ongoing
obligation of support shall be determined at a later date pursuant to
applicable law.
(11)
An order awarding temporary custody of a minor child. The court shall
presume that the best interests of the child are served by an award of custody
to the non-abusive parent.
An order awarding temporary custody of a minor child. The court shall
presume that the best interests of the child are served by an award of custody
to the non-abusive parent.
(12)
An order requiring that a law enforcement officer accompany either party to the
residence or any shared business premises to supervise the removal of personal
belongings in order to ensure the personal safety of the plaintiff when a
restraining order has been issued. This order shall be restricted in
duration.
An order requiring that a law enforcement officer accompany either party to the
residence or any shared business premises to supervise the removal of personal
belongings in order to ensure the personal safety of the plaintiff when a
restraining order has been issued. This order shall be restricted in
duration.
(13)
(Deleted by amendment, P.L.1995, c.242).
(Deleted by amendment, P.L.1995, c.242).
(14)
An order granting any other appropriate relief for the plaintiff and dependent
children, provided that the plaintiff consents to such relief, including relief
requested by the plaintiff at the final hearing, whether or not the plaintiff
requested such relief at the time of the granting of the initial emergency
order.
An order granting any other appropriate relief for the plaintiff and dependent
children, provided that the plaintiff consents to such relief, including relief
requested by the plaintiff at the final hearing, whether or not the plaintiff
requested such relief at the time of the granting of the initial emergency
order.
(15)
An order that requires that the defendant report to the intake unit of the
Family Part of the Chancery Division of the Superior Court for monitoring of
any other provision of the order.
An order that requires that the defendant report to the intake unit of the
Family Part of the Chancery Division of the Superior Court for monitoring of
any other provision of the order.
(16)
In addition to the order required by this subsection prohibiting the defendant
from possessing any firearm, the court may also issue an order prohibiting the
defendant from possessing any other weapon enumerated in subsection r. of
N.J.S.2C:39-1 and ordering the search for and seizure of any firearm or other
weapon at any location where the judge has reasonable cause to believe the
weapon is located. The judge shall state with specificity the reasons for
and scope of the search and seizure authorized by the order.
In addition to the order required by this subsection prohibiting the defendant
from possessing any firearm, the court may also issue an order prohibiting the
defendant from possessing any other weapon enumerated in subsection r. of
N.J.S.2C:39-1 and ordering the search for and seizure of any firearm or other
weapon at any location where the judge has reasonable cause to believe the
weapon is located. The judge shall state with specificity the reasons for
and scope of the search and seizure authorized by the order.
(17)
An order prohibiting the defendant from stalking or following, or threatening
to harm, to stalk or to follow, the complainant or any other person named in
the order in a manner that, taken in the context of past actions of the
defendant, would put the complainant in reasonable fear that the defendant
would cause the death or injury of the complainant or any other person.
Behavior prohibited under this act includes, but is not limited to, behavior
prohibited under the provisions of P.L.1992, c.209 (C.2C:12-10). (18) An order
requiring the defendant to undergo a psychiatric evaluation. Among the
relief the Court may give is:
An order prohibiting the defendant from stalking or following, or threatening
to harm, to stalk or to follow, the complainant or any other person named in
the order in a manner that, taken in the context of past actions of the
defendant, would put the complainant in reasonable fear that the defendant
would cause the death or injury of the complainant or any other person.
Behavior prohibited under this act includes, but is not limited to, behavior
prohibited under the provisions of P.L.1992, c.209 (C.2C:12-10). (18) An order
requiring the defendant to undergo a psychiatric evaluation. Among the
relief the Court may give is:
In Pepe v Pepe, 258
N.J. Super. 157 (Chan. Div. 1992) held that the confidentiality provision of
record keeping under the Domestic Violence act applies to the records kept on
file with the Clerk of the Superior Court.
N.J. Super. 157 (Chan. Div. 1992) held that the confidentiality provision of
record keeping under the Domestic Violence act applies to the records kept on
file with the Clerk of the Superior Court.
The court held that in
determining whether or not a statutory imposed confidential record should be
made public, the court must consider whether the release of the documents will
be harmful to the victim, whether adverse publicity will be a factor and
whether access to court records will discourage the victim from coming
forward.
determining whether or not a statutory imposed confidential record should be
made public, the court must consider whether the release of the documents will
be harmful to the victim, whether adverse publicity will be a factor and
whether access to court records will discourage the victim from coming
forward.
Despite the substantial financial burden and
life restrictions (often referred to as penalties), the burden of proof in a
DOMESTIC VIOLENCE hearing is only “by a preponderance of evidence.” Hopefully, parties will put best interests of
children ahead of short term animosity.
Financial limitations often limit the family ability to become involved
in lengthy divorce and custody battles.
A DOMESTIC VIOLENCE complaint can
be withdrawn. For additional information, speak with an attorney experienced in
handling Domestic Violence matters.
life restrictions (often referred to as penalties), the burden of proof in a
DOMESTIC VIOLENCE hearing is only “by a preponderance of evidence.” Hopefully, parties will put best interests of
children ahead of short term animosity.
Financial limitations often limit the family ability to become involved
in lengthy divorce and custody battles.
A DOMESTIC VIOLENCE complaint can
be withdrawn. For additional information, speak with an attorney experienced in
handling Domestic Violence matters.
The following is the NJ Court Rule on Restraining Orders;
Court Rule 5:7A. DOMESTIC VIOLENCE: RESTRAINING ORDERS
(a) Application for Temporary
Restraining Order except as provided in paragraph (b) herein, an applicant for
a temporary restraining order shall appear before a judge personally to testify
upon the record or by sworn complaint submitted pursuant to N.J.S.A. 2C:25-28.
If it appears that the applicant is in danger of domestic violence, the judge
shall, upon consideration of the applicant's domestic violence affidavit,
complaint or testimony, order emergency relief including ex parte relief, in
the nature of a temporary restraining order as authorized by N.J.S.A. 2C:25-17
et seq.
Restraining Order except as provided in paragraph (b) herein, an applicant for
a temporary restraining order shall appear before a judge personally to testify
upon the record or by sworn complaint submitted pursuant to N.J.S.A. 2C:25-28.
If it appears that the applicant is in danger of domestic violence, the judge
shall, upon consideration of the applicant's domestic violence affidavit,
complaint or testimony, order emergency relief including ex parte relief, in
the nature of a temporary restraining order as authorized by N.J.S.A. 2C:25-17
et seq.
(b) Issuance of Temporary Restraining Order by Electronic Communication.
A judge may issue a temporary restraining order upon sworn oral testimony of an
applicant who is not physically present. Such sworn oral testimony may be
communicated to the judge by telephone, radio or other means of electronic
communication. The judge or law enforcement officer assisting the applicant
shall contemporaneously record such sworn oral testimony by means of a
tape-recording device or stenographic machine if such are available; otherwise,
adequate long hand notes summarizing what is said shall be made by the judge.
Subsequent to taking the oath, the applicant must identify himself or herself,
specify the purpose of the request and disclose the basis of the application.
This sworn testimony shall be deemed to be an affidavit for the purposes of
issuance of a temporary restraining order. A temporary restraining order may
issue if the judge is satisfied that exigent circumstances exist sufficient to
excuse the failure of the applicant to appear personally and that sufficient
grounds for granting the application have been shown. Upon issuance of the
temporary restraining order, the judge shall memorialize the specific terms of
the order and shall direct the law enforcement officer assisting the applicant
to enter the judge's authorization verbatim on a form, or other appropriate
paper, designated the duplicate original temporary restraining order. This
order shall be deemed a temporary restraining order for the purpose of N.J.S.A.
2C:25-28. The judge shall direct the law enforcement officer assisting
applicant to print the judge's name on the temporary restraining order. The
judge shall also contemporaneously record factual determinations.
Contemporaneously the judge shall issue a written confirmatory order and shall
enter thereon the exact time of issuance of the duplicate order. In all other
respects, the method of issuance and contents of the order shall be that
required by sub-section (a) of this rule.
A judge may issue a temporary restraining order upon sworn oral testimony of an
applicant who is not physically present. Such sworn oral testimony may be
communicated to the judge by telephone, radio or other means of electronic
communication. The judge or law enforcement officer assisting the applicant
shall contemporaneously record such sworn oral testimony by means of a
tape-recording device or stenographic machine if such are available; otherwise,
adequate long hand notes summarizing what is said shall be made by the judge.
Subsequent to taking the oath, the applicant must identify himself or herself,
specify the purpose of the request and disclose the basis of the application.
This sworn testimony shall be deemed to be an affidavit for the purposes of
issuance of a temporary restraining order. A temporary restraining order may
issue if the judge is satisfied that exigent circumstances exist sufficient to
excuse the failure of the applicant to appear personally and that sufficient
grounds for granting the application have been shown. Upon issuance of the
temporary restraining order, the judge shall memorialize the specific terms of
the order and shall direct the law enforcement officer assisting the applicant
to enter the judge's authorization verbatim on a form, or other appropriate
paper, designated the duplicate original temporary restraining order. This
order shall be deemed a temporary restraining order for the purpose of N.J.S.A.
2C:25-28. The judge shall direct the law enforcement officer assisting
applicant to print the judge's name on the temporary restraining order. The
judge shall also contemporaneously record factual determinations.
Contemporaneously the judge shall issue a written confirmatory order and shall
enter thereon the exact time of issuance of the duplicate order. In all other
respects, the method of issuance and contents of the order shall be that
required by sub-section (a) of this rule.
(c) Temporary Restraining Order. In court proceedings instituted under
the Prevention of Domestic Violence Act of 1990, the judge shall issue a temporary
restraining order when the applicant appears to be in danger of domestic
violence. The order may be issued ex parte when necessary to protect the life,
health, or well-being of a victim on whose behalf the relief is sought.
the Prevention of Domestic Violence Act of 1990, the judge shall issue a temporary
restraining order when the applicant appears to be in danger of domestic
violence. The order may be issued ex parte when necessary to protect the life,
health, or well-being of a victim on whose behalf the relief is sought.
(d) Final Restraining Order. A final order restraining a defendant shall
be issued only on a specific finding of domestic violence or on a stipulation
by a defendant to the commission of an act or acts of domestic violence as
defined by the statute.
be issued only on a specific finding of domestic violence or on a stipulation
by a defendant to the commission of an act or acts of domestic violence as
defined by the statute.
(e) Procedure Upon Arrest Without a Warrant. Whenever a law enforcement
officer has effected an arrest without a warrant on a criminal complaint
brought for a violation otherwise defined as an offense under the Prevention of
Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., bail may be set and a
complaint-warrant may be issued pursuant to the procedures prescribed in R.
3:4-1(b).
officer has effected an arrest without a warrant on a criminal complaint
brought for a violation otherwise defined as an offense under the Prevention of
Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., bail may be set and a
complaint-warrant may be issued pursuant to the procedures prescribed in R.
3:4-1(b).
(f) Venue in Domestic Violence Proceedings. Venue in domestic violence
actions shall be laid in the county where either of the parties resides, in the
county where the domestic violence offense took place, or in the county where
the victim of domestic violence is sheltered. If the action is not brought in a
county of residence, venue shall be transferred to a county of residence for
the final hearing unless the court orders the matter retained in the county
where the complaint is filed for good cause shown.
actions shall be laid in the county where either of the parties resides, in the
county where the domestic violence offense took place, or in the county where
the victim of domestic violence is sheltered. If the action is not brought in a
county of residence, venue shall be transferred to a county of residence for
the final hearing unless the court orders the matter retained in the county
where the complaint is filed for good cause shown.
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