UNDERSTANDING NEW JERSEY DOMESTIC VIOLENCE LAW
BY PETER VAN AULEN, Esq.

In order for an individual to obtain a restraining order against another under the New Jersey Domestic Violence Statute there must be an act of domestic violence committed and that act of domestic violence must have caused the victim to fear for their safety and welfare. The New Jersey Domestic Violence statute N.J.S.A. 2C:25-19 defines an act of domestic violence as the occurrence of one or more of the following acts:

1. Homicide N.J.S.2C:11-1 et seq.
2. Assault N.J.S.2C:12-1
3. Terroristic threats N.J.S.2C:12-3
4. Kidnapping N.J.S.2C:13-1
5. Criminal restraint N.J.S.2C:13-2
6. False imprisonment N.J.S.2C:13-3
7. Sexual assault N.J.S.2C:14-2
8. Criminal sexual contact N.J.S.2C:14-3
9. Lewdness N.J.S.2C:14-4
10. Criminal mischief N.J.S.2C:17-3
11. Burglary N.J.S.2C:18-2
12. Criminal trespass N.J.S.2C:18-3
13. Harassment N.J.S.2C:33-4
14. Stalking P.L.1992, c.209 (C.2C:12-10)
    

According to N.J.S.A 2C:25-19 (d), in order to file a complaint under the New Jersey Domestic Violence statute a person must be at least 18 years old or an emancipated minor and have “been subjected to” an act or acts of domestic violence by a spouse, former spouse, or any former or present household member. Also, one who has “been subjected to” an act or acts of domestic violence by a person with whom they have a “child in common” or with whom they anticipate having a “child in common” can file a complaint under the statute, regardless of age. In addition, a person can file a complaint under the statute if they have “been subjected to” an act of domestic violence perpetrated by one with whom they had a dating relationship.

The principal relief for a victim of domestic violence under the statute is a restraining order. The restraining order is at first temporary. When the court is open a victim can file a complaint before a judge in the county courthouse where the victim lives. If the court is closed then a Municipal Court judge can issue said order. A victim of domestic violence should call the police immediately after the act of domestic violence has occurred. If the county courthouse is closed then the police will contact a Municipal Court judge.

The relief a temporary restraining order could provide is as follows:

• Forbidding the defendant from the home of the victim
• Forbidding the defendant from the victim’s place of employment
• Forbidding the defendant from returning to the scene of the domestic violence
• Forbidding the defendant any form of contact or communication with the victim
• Forbidding the defendant from any form of contact or communication with any individuals named by the victim
• Forbidding the defendant from possessing any firearms or other weapons
• Ordering the defendant to give the victim funds for an urgent reason
• Ordering a search for weapons at any location the judge has reasonable cause to believe the weapon is located

The initial restraining order is temporary. The court in approximately ten days will schedule a hearing to determine if a permanent order will be granted. At the hearing, the standard for proving the allegation of domestic violence is by a preponderance of the evidence. According to N.J.S. 2C:25-29, the court will consider but not be limited to the following factors:

1. The previous history of domestic violence between the plaintiff and defendant, including threats, harassment and physical abuse
2. The existence of immediate danger to person or property
3. The financial circumstances of the plaintiff and defendant
4. The best interests of the victim and any child
5. In determining custody and parenting time the protection of the victim's safety
6. The existence of a verifiable order of protection from another jurisdiction.
   

Both the defendant and the plaintiff have the right to have an attorney represent them during this hearing. Both parties have a lot at stake. A restraining order might be necessary for the plaintiff’s protection. In regard to the defendant, having a final restraining order entered against them means that they will be fingerprinted and have a record of committing an act of domestic violence. This could affect certain professional licenses and employment. For these reasons, I highly recommend that you have an experienced family law attorney represent you whether you are the plaintiff or the defendant.