Domestic Violence in New Jersey
The Prevention of Domestic Violence Act (“Act”)
Domestic violence is not only a serious crime against a victim, but a crime against society. Innumerable persons throughout the State are victims of abuse (verbal and/or physical) by their spouses, co-habitants or significant others. The Act provides for civil and criminal sanctions against the Defendant. When warranted, the Defendant is subject to criminal sanctions, probation and/or jail. Civil relief permits the complaining party to obtain a Restraining Order and when warranted, the Defendant can be ordered to maintain the necessary expenses previously shared by the parties. N.J.S.A. 2C:25-17.
Temporary Restraining Order
A Temporary Restraining Order may be obtained by a complainant in two manners. The complainant may apply to the Superior Court, Chancery Division, Family Part, during regular business hours and file a Complaint with the Court. Typically a domestic violence intake Officer will review your Complaint and prepare the paperwork necessary for a Temporary Restraining Order to be issued.
A victim may also apply to the local Municipal Court in the town where the incident took place. A Complaint is filed with the local Police Department and a Municipal Judge is contacted who will sign an Order granting temporary restraints.
Final Restraining Order
A Final Restraining Order can only be issued by a Judge of the Superior Court, Chancery Division, Family Part. Typically a hearing on the Final Restraining Order must be scheduled within ten (10) after the Temporary Restraining Order has been entered. If contested, a trial will be conducted, testimony provided and the Judge will make the findings of facts granting or denying the Final Restraining Order.
Protected Persons
A victim of domestic violence includes any person who:
(a) is eighteen (18) years of age or older; or
(b) who is an emancipated minor who has been subjected to domestic violence by a spouse; former spouse; any other person who is a present or formal household member or an
(c) WHO REGARDLESS OF AGE HAS BEEN SUBJECTED TO DOMESTIC VIOLENCE BY A PERSON WITH WHOM THE VICTIM HAS HAD A CHILD IN COMMON OR WITH WHOM THE VICTIM HAS HAD A DATING RELATIONSHIP.
(d) who, regardless of age, has been subjected to domestic violence by a person with whom the victim has had a dating relationship where the victim may be below the age of eighteen (18); the domestic violence assailant must be over the age of eighteen (18) or emancipated at the time of the events.
A victim of domestic violence is not defined by the person’s age, sex, physical or psychological condition. An unemancipated minor who commits what would otherwise be an act of domestic violence will not be prosecuted under the Act rather prosecuted under the Juvenile Delinquency laws. A minor is considered emancipated from his or her parents when the minor:
(a) has been married;
(b) has entered military service;
(c) has a child or is pregnant; or
(d) has been previously declared by the Court or an administrative body to be emancipated.
Acts of Domestic Violence
Domestic violence includes the incurrence of one or more of the following acts upon a person protected under the Domestic Violence Act:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal Trespass
- Harassment
- Stalking
Often people are confused about what actions actually constitute the proscribed activity. Offenses such as Homicide and Kidnapping are fairly self explanatory however Harassment is often a vague concept. The legal criteria for the offense of Harassment is set forth below so it may be more easily understood.
Harassment
A person commits a petty disorderly persons offense if, with the purpose to harass another he:
(a) makes or causes to be made a communication anonymously or at extremely inconvenient hours or in offensively course 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 repeated acts with the purpose to alarm or seriously annoy such other person.
Possible reliefs for a victim of domestic violence include the granting of possession of a residence previously shared with the Defendant. There can be the granting of temporary custody of any children including emergent financial support, medical coverage, rent or mortgage payments and other potential damage awards. In the event the victim shared a residence with the Defendant, the Defendant will only be permitted to enter the residence under the supervision of as law enforcement Officer to supervise removal of any personal belongings. N.J.S.A. 2C:25-29.
The Defendant, once being subject to a Restraining Order, shall be prohibited from returning to the scene (residence) of the violence. There is a prohibition against future acts of domestic violence and a prohibition against the Defendant from locations where the victim is employed. It is prohibited for the Defendant to have any form of oral, written or personal contact with the victim and/or other protected persons. The victim will be protected from stalking and other threats of harm. The Defendant, where applicable, may be ordered to undergo psychiatric or other evaluations and/or treatments. There will be a prohibition against the Defendant from possessing any firearms or weapons for the safety of the victim.
Violation of a Restraining Order
A violation of a Restraining Order can result in civil or criminal contempt charges. These penalties can result in when a Defendant “purposely or knowingly violates any provision “of the Act”, a Defendant may be charged with criminal contempt of the existing Restraining Order. N.J.S.A. 2C:44-1.
For victims of domestic violence there are numerous support groups and counseling opportunities available. We can assist in contacting an appropriate service provider to assist you.