Domestic Violence

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Victims of domestic violence may seek, with the assistance of police and the prosecutor's office, criminal charges against their abuser. However, on the civil side, victims may also be afforded the protections of a domestic violence restraining order pursuant to the Prevention of Domestic Violence Act.

 

Domestic violence can be a single act or a pattern of abuse (physical, sexual, and/or verbal)  between two parties who are either currently in a dating or romantic relationship, were previously in a dating or romantic relationship, have or are expecting a child together, or have previously lived together or are living together currently. Gender is not a factor when determining domestic violence cases, meaning you may file a restraining order against someone of the same sex. New Jersey uses the criminal code to define the kinds of behaviors that might constitute domestic violence. These are also more commonly referred to as “predicate acts," and may include the following:

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• Assault

• Burglary

• Contempt

• Criminal coercion

• Criminal mischief

• Criminal restraint

• Criminal trespass

• Criminal sexual contact

• False imprisonment

• Harassment

• Homicide

• Kidnapping

• Lewdness

• Robbery

• Sexual assault

• Stalking

• Terroristic threats

 

Initially, someone seeking the protections of a domestic violence restraining order may receive a Temporary Restraining Order (TRO). This application is made ex parte, that is with the hearing officer and/or judge having only listened to one side of the story. If granted, the defendant will be served with the TRO and the matter will be scheduled for a hearing to determine whether a Final Restraining Order (FRO) should be granted. At that hearing, the defendant will be given the opportunity to present his/her side of the story, present evidence, and call witnesses, as will the plaintiff.

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Restraining orders restrict one person from contacting or coming within a certain distance of another person. The orders are preventative measures intended to protect victims of domestic violence from any future acts of domestic violence. The orders generally provide for no contact with the victim as well as his/her family. In some instances the protection can be extended to other relevant persons such as friends, coworkers, and roommates. The restraining order also usually restricts the defendant from going to the residence or workplace of the victim. When the parties are the parents of minor children, courts may "carve out" or define limited forms of communication regarding the children in recognition of the ongoing need to co-parent.

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As they are orders of the court, restraining orders are enforceable by the police. Unlike many other jurisdictions, restraining orders in New Jersey have no sunset provision. That is, these orders have no automatic expiration date, even if the victim and abuser reconcile. If the victim and abuser come into contact while the order is in place, even if the contact is consensual, the defendant can still face criminal charges for having violated the order. Moreover, even if an order is ultimately dismissed (either voluntarily by the victim or following trial), the criminal charge for violating the order, whether a TRO or FRO, will still be prosecuted.

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