|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
New Jersey Domestic Violence Lawyers New Jersey Domestic Violence Attorney Romanowski has successfully completed an intensive 12-week training program in Domestic Violence counseling provided by The Family Institute of New Jersey. Beginning with his appointment to the U.S. Navy's NRMC Domestic Violence Subcommittee in 1982, NJ Family Lawyer Romanowski has a firm committed interest in protecting NJ domestic violence victims and their children, and in defending against false domestic violence claims, particularly in the context of disputes involving children and child custody. NJ Domestic Violence Facts Domestic violence is the repeated and patterned use of controlling and coercive behaviors to direct, shape and limit a domestic partner's feelings, thoughts and actions. Power and control tactics are typically used over time in concert with one another, including:
Power and control tactics also include isolation by way of language barriers and job relocation. Notably, undocumented immigrant women are at greater risk for abuse through these latter methods, due to the added the threat of deportation . As used in the New Jersey Prevention of Domestic Violence Act, "Domestic violence" means the occurrence of one or more of the following acts inflicted upon a person protected under the act by an adult or an emancipated minor:
Popular misconceptions aside, which insist that 95% of domestic violence is committed by men, most experienced responding police officers know that women are just as likely to start domestic disputes as men are. The "dominant aggressor doctrine," which discourages dual arrests – often an appropriate measure – and instructs police to downplay who struck the first blow is also quite questionable. Unfortunately, police are often directed to focus in on who appears to be more in control of the situation and who appears to be more in fear for their personal safety. This misguided orientation often translates into the inclination to arrest the male in a heterosexual relationship, or to ask the male to leave the home. It should be noted, however, that domestic violence occurs between same sex couples and between other same sex household members and relatives as well. Current data supporting the "95%" myth is virtually non-existent. In fact, the US Department of Justice 1998 Report on the National Violence Against Women Survey concluded that men comprise nearly 40% of all domestic violence victims. Domestic violence researchers Susan Steinmetz, Richard Gelles and Murray Straus, early advocates for battered women and authors of Behind Closed Doors: Violence in American Families , conducted two major studies for the Family Research Laboratory at the University of New Hampshire, both of which found similar rates of abuse between husbands and wives. Additionally, studies by researchers R.L. McNeeley and Coramae Richey Mann show that women compensate for their lesser physical strength by their greater use of weapons and the element of surprise. According to Phil Cook, author of Abused Men the Hidden Side of Domestic Violence , while abused women tend to be seriously injured more than abused men, often it is men who receive the most serious injuries, because of the weapons factor. Once a finding of domestic violence and a domestic violence restraining order is entered against a male heterosexual partner, it can be exceptionally difficult for him to extricate himself, absent the woman's willingness to drop the matter and abandon the restraints. Many women's advocates correctly note that these drop requests can at times be motivated by economic dependency or because women are unfairly made to feel guilty for nonviolently "provoking" violent men. However, it is much more common that women request drops because they know that they initiated the violence, or that they participated equally in it, and they do not want their male partners to be prosecuted unfairly. Male victims of domestic violence by their female partners often face an agonizing choice. By doing nothing, they allow the abuse to continue and quite possibly escalate. By attempting to defend themselves, they take the chance that someone will call the police and that they – and not their abusive female partner – will be arrested. By calling the police, they are placing themselves in danger of being arrested and prosecuted for what is really their female partner's violence. While there are many male victims of domestic violence, they often do not report it. Although anyone who is attacked by their partner should call the police, male victims do not want to risk being drawn into a system, which may be prejudiced against them. That being said, Domestic violence still remains the most common cause of injury to women ages 15 to 44. According to the American Bar Association Commission on Domestic Violence, nearly one in three women in the United States will be a victim of domestic violence in her lifetime. This results in between three and ten million children being exposed to the ill effects of domestic violence each and every year. NJ Domestic Violence Litigation Facts & Statistics Fact 1: Domestic violence is relatively common among custody litigants. • Studies have shown that 25-50% of disputed custody cases involve domestic violence.
Fact 2: Abusive fathers sometimes do get custody of their children. • In fact, abusive parents are more likely to seek sole custody than nonviolent ones.
• Unfortunately, abusive parents are successful in getting custody about 70% of the time.
• Allegations of domestic violence alone have no demonstrated effect on the rate at which fathers are awarded custody of their children , nor do such allegations affect the rate at which fathers are ordered into supervised visitation. (i.e. abusers win unsupervised custody and visitation at the same rate as non-abusers). In New Jersey, however, once a mere allegation of domestic violence arises to a level of relative credibility, N.J.S.A. 9:2-4 provides for consideration of the history of domestic violence, if any, in assessing child custody.
Fact 3: Fit mothers occasionally do lose custody of their children. • Mothers who are victims of domestic violence are often depressed and suffering from post-traumatic stress disorder and, as a result, can present poorly in court and to best-interest investigators and custody evaluators.
Fact 4: Mothers invent allegations of child sexual abuse to win custody, only infrequently. • Child sexual abuse allegations in custody cases are rare (about 6%), and the majority of allegations are substantiated (about 66%).
• False allegations are no more common in divorce or custody disputes than at any other time.
• Among false allegations, fathers are far more likely than mothers to make intentionally false accusations (21 % compared to 1.3%).
Fact 5: The ill effects of domestic violence on children could be quite serious and long-term. • Children who are exposed to domestic violence may show comparable levels of emotional and behavioral problems to children who were the direct victims of physical or sexual abuse.
• Adverse effects to children who witness domestic violence are well-documented , including aggressive behavior, depression and cognitive deficiencies.
• A continuing study by the Centers for Disease Control has shown a significant relationship between exposure to “adverse childhood experiences” (including witnessing domestic violence) and development of adult health problems, including pulmonary disease, heart disease, hepatitis, fractures, obesity, and diabetes (not to mention intravenous drug use, alcoholism, sexually transmitted diseases and depression).
Fact 6: Domestic violence does has some correlation to child abuse. • Many and varied studies reveal a significant overlap between domestic violence and child abuse , with most finding that both forms of abuse occur in 30-60% of violent families.
• Other studies have shown intimate partner violence (“IPV”) to be a strong predictor of child abuse , increasing the risk from 5% after one act of IPV to 100% after 50 acts of IPV.
Fact 7: Just because a child may not demonstrate any fear or aversion to a parent, does not mean that there is reason to award unsupervised contact or custody. • Children can experience “traumatic bonding” with a parent who abuses the child or their other parent , forming unusually strong but unhealthy ties to a batterer as a survival technique (often referred to as “Stockholm Syndrome”).
Fact 8: Children are no less danger from a batterer parent once the parents separate, than they were when the batterer parent was living with them. • Many batterers' motivation to intimidate and control their victims through the children actually increases after separation , due to the loss of other methods of exerting control.
Fact 9: Parents who batter are not necessarily mentally ill and parents with no evidence of mental illness could very well be batterers. • Mental illness is actually found only in a minority of batterers.
• Psychological testing is not a good predictor of parenting capacity.
• Mental health testing cannot distinguish a batterer from a non-batterer.
Fact 10: Parental Alienation Syndrome (“PAS”) is now a scientifically sound phenomenon, although use of the diagnosis of Parental Alienation Syndrome (PAS) in family law cases has generated substantial debate. • The American Psychological Association has previously noted the lack of data to support so-called “parental alienation syndrome,” and raised concern about the term's use.
When one parent alleges the other is alienating a child or committing a similar wrongdoing, it is incumbent upon the attorneys within the adversarial process to explore and challenge the factual basis of both positions. In cases involving PAS, not only is the diagnosis of PAS questioned in predictable ways in the courtroom, the critique often extends on a more personal level to the syndrome's originator, Richard Gardner, M.D. Since PAS occurs in the divorce context, he suffered many unfair and manufactured criticisms. Much of the literature often considered by courts as authoritative in challenging Gardner or PAS is based on opinion rather than fact. NJ Domestic Violence Parental Alienation Syndrome Facts Fact 1: Mothers are not the only parents guilty of being PAS indoctrinators, although early publications in the late 1980s accurately reported that, at the time, most indoctrinating parents were mothers. Only relatively recently did the "best interest of the child standard " replace the "tender years doctrine," making it more possible for mothers to lose custody of their children in divorce. Under the "tender years" doctrine, a mother's losing custody was highly unlikely except in the case of serious abuse. Under the "best interest" standard , mothers now face a new vulnerability. In response to this, it is likely that one parent indoctrinating the child against the other parent in the context of divorce proved to be a powerful strategy in winning NJ child custody disputes . As more time has passed under the guidance of the "best interest" standard , more alienating fathers began to emerge. When all documented facts are not given adequate consideration , the argument can be made that PAS is somehow biased against women. Critics of PAS continue to maintain that gender bias was and continues to be the case. This criticism misstates the argument and appears to selectively cull through the literature to advocate a desired position. Although it may be considered appropriate for New Jersey Child Custody and Domestic Violence Attorneys to emphasize certain points and de-emphasize other points in their zeal to protect their client's interests, this advocacy position is highly improper for mental health professionals, who are ethically bound to the pursuit of impartial truth. Fact 2: As the term implies, PAS is in fact a "syndrome." A syndrome is simply a cluster of symptoms with a common etiology. The eight symptoms of PAS are the specific symptoms found in a child who has been successfully alienated. The more symptoms one sees of the eight, as well as the intensity of them, determines the level of severity of the PAS disorder. The eight symptoms are: (1) A campaign of denigration; (2) Weak, frivolous, and absurd rationalizations for the deprecation; (3) Lack of ambivalence in the child; (4) The "independent thinker" phenomenon; (5) Reflexive support of the alienating parent in the parental conflict; (6) Absence of guilt over cruelty to and/or exploitation of the alienated parent; (7) Presence of borrowed scenarios; (8) Spread of animosity to the extended family of the alienated parent. In mild cases of PAS, the eight symptoms are mostly present with the exception of lack of ambivalence and absence of guilt over cruelty to the alienated parent. As one moves from mild to moderate PAS, the six symptoms appearing earlier increase in severity, while the two symptoms noted above begin to appear. In severe PAS, all symptoms have progressed to the severe level including the two noted above. Accordingly, with severe PAS, the child loses the ability to empathize with the alienated parent and to feel guilt over the untoward treatment of that parent in a predictable and patterned way. Fact 3: PAS is accepted within the professional community and supported by empirical research, and is widely accepted by the Courts. Although it is often argued that PAS is not accepted in the professional community, that argument is simply not supported by data. Any criticisms appearing in earlier articles on the subject are out of date and inaccurate. The multiple relatively current publications and articles and devoted to PAS contain ample empirical research, otherwise they would never have been accepted for publication. PAS has been argued and accepted in many cases in the United States, as well as internationally, notably in Great Britain, Germany, Canada and Israel. Fact 4: Alleged PAS does not protect genuinely abusive parents. It is clearly and repeatedly stressed in the PAS literature that a PAS diagnosis is not warranted when real abuse is present. Often, those least familiar with the literature on PAS take this misinformed position. Truly abusive parents cannot take refuge behind a diagnosis of PAS. It is true that some abusive parents may try to allege victimization by the other parent, whom they also allege to be negatively indoctrinating the child. This is a misapplication of PAS. The PAS evaluator must first and foremost determine the veracity of such abuse allegations. In fact, it is primarily within the PAS literature that strategies have been developed to detect truly abusive parents from falsely accused ones. The PAS evaluator must take painstaking care in evaluating the alleged abusive parent, while not simply relying upon on clinical data from the alleged victim. Fact 5: PAS is not the only source of alienation of children. Children can be alienated from a parent by that parent's own poor behavior. This is well documented and understood throughout the relevant literature. For example, it is generally well known that physically and sexually abusive parents can alienate their children. This sort of alienation, however, requires severe and fairly consistent abuse to alienate a child from a parent. Anyone who has worked with abused children can quickly observe how abused children remain very much tied to their abusive parents. There does come a point, however, when a parent's abuse can cause a child to want to escape or have no contact with that parent. Interestingly, the level of repulsion that PAS children exhibit from their alienated parent is generally grossly inconsistent with the alleged parental behavior that supposedly turned the child away. For example, a PAS child will express never wanting to see a parent again because their cooking is disgusting, or because they tell corny jokes, or because they insist on watching stupid TV shows or take them shopping too much. By studying the effects of real abuse and what it truly takes to alienate a child from a parent, competent PAS evaluators have learned how much abuse children will often take without becoming alienated from a particular parent. NJ Domestic Violence Attorneys Unrealistic Expectations as the Basis of Relationships: This includes assumptions by batterers that they know what is best for their abused victims. By denying victims the opportunity to discover and define themselves, these abusers prevent the possibility of mutually beneficial and realistic domestic relationships. "Crazy-Making": As demonstrated quite graphically in Stanley Kubrick's classic movie, A Clockwork Orange, this behavior distorts reality and destroys the possibility of honest communication. Crazy making is a very effective device to increase the victim's confusion and insecurity. Emotional Blackmail: Behaviors or statement or that use insecurity, guilt, fear or confusion to trap victims into giving their abusers power over them. Emotional Threats and Accusations: Direct or indirect statements made in an effort to cause emotional or physical harm to the victim. This includes lying about or grossly exaggerating the victim's behavior, attitude or emotional state. Financial Blackmail: Batterers often control their victims' finances, denying them access to money or placing them on unrealistic budgets or fiscal accountability systems. Financial battering can range from refusing to permit victims to earn money on their own, to preventing their continued education or access to the workplace. If the victim is currently working, the abuser may make threats to destroy the victim's means of earning a living. Insults: Constant or extreme criticisms are employed by the abuser to injure the victim's personal, emotional, sexual or professional image. Insults such as these can greatly undermine a person's self confidence and eventually render the victim emotionally incapacitated. Possessive and Punitive Behavior: Here the batterers perceives their victims as merely physical property or chattel, or as emotional extensions of themselves. This category of behaviors include limiting the victims' freedom, creating isolation, exhibiting jealousy and denying the victims' capabilities or opportunities to develop. The use of shame and guilt to prevent victims from getting the deserved support and protection they need is often employed. Rejection: Batterers use indirect or direct statements to create feelings of unworthiness in their victims. By being exposed to rejection constantly, victims are trained to believe that they are unworthy of receiving love and loving behaviors. Rejection can also be employed as a form of punishment for not cooperating with an abusive partner. Abusers may also use rejection to rationalize or justify their anger towards their victims. Social and Sexual Prejudice: In addition to all of the other forms of emotional abuse that victims may be suffering from, they might also live in a society that perceives them as emotionally immature, irrational, inferior and helpless. This means that as such victims struggle to free themselves from abusive relationships or situations, they may also have to battle against social, financial and cultural pressures. These added pressures may prevent such victims from breaking free from their batterers. Threats to Harm or Take Away Children: The fear that batterers will act on their threats of taking the children from their victims is one of the most common reasons given for resuming an abusive relationship. Studies have shown that batterers have been able to convince authorities that the victim is unfit or undeserving of sole custody in approximately 70% of challenged cases. NJ Domestic Violence Lawyers Battered Woman Syndrome (BWS) is a collection of psychological symptoms, often considered a subcategory of Post Traumatic Stress Disorder, and can be measured by a trained mental health professional. Symptoms: BWS is a psychological reaction that can be expected to occur in normal people who are exposed to repeated trauma, such as family violence. It includes at least three groups of symptoms that assist the mind and body in preparing to defend against threats.
Battered Woman Syndrome can cause a woman to act in ways that confuse those who wish to help her, thus making it extremely difficult for her to cooperate with the legal system, even though she wants the abuse to stop. New Jersey Domestic Violence Lawyers Fighting False Allegations of Domestic Violence in New Jersey. One of most significant criticisms of the way in which claims of domestic violence are handled by our nation's legal system taken as a whole is the regularity and facility in which false allegations of domestic violence are made and sustained by courts, even when the underlying – albeit covert – primary motive of the party making the complaint was to seek a perceived advantage in divorce and custody proceedings. Among the major catalysts for this abuse of the system is the broad definition that exists for domestic violence. Under the statutory schemes of most jurisdictions, domestic violence means the intentional and unlawful infliction of physical harm, bodily injury, assault, or the intentional and unlawful infliction of the fear of imminent physical harm, bodily injury, or assault between family or household members, or a criminal sexual act, committed against a family or household member by another family or household member. In New Jersey, "Victim of domestic violence" means a person protected under the New Jersey Prevention of Domestic Violence Act, including any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by:
"Victim of domestic violence" also includes any person, regardless of age, who has been subjected to domestic violence by a person:
Finally, "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship. "Fear of harm" is an extraordinarily subjective standard and one that may be very difficult to combat. A raised voice or a raised hand or any gesture that is interpreted as threatening may be used to claim that domestic violence has occurred. This is problem is compounded for men, who are often larger than women and perceived as more aggressive or stronger, based on broad societal generalizations that may be reflected in the perceptions of both law enforcement officers and judges. Consequences of Domestic Violence Restraining Orders The significance of a judicial finding that domestic violence has occurred can be profound.
Domestic Violence knows no age, gender, racial, religious, socioeconomic or educational barriers. It is a myth that only the uneducated or poor are victims of domestic violence. Most studies indicate that there is also a high incidence of spousal abuse in the more affluent neighborhoods. Although impoverished victims have the daunting problem of not having resources available, more affluent spouses and domestic partners may also be in an equally desperate trap due to social stigmas, greater economic pressures and the increased societal position and power that those partners may have at their disposal. In New Jersey, entry of a finding of domestic violence could severely compromise or ostensibly end the careers of law enforcement officers and attorneys alike. A lesbian or gay victim may have additional barriers, if there already is discrimination because of sexual orientation. It is devastating for children to witness verbal or physical abuse, or to see the aftermath. Children who witness abuse commonly experience:
Family and friends become indirect victims of abuse. The isolation and terror that victims live with deprives those closest to them from meaningful and fulfilling relationships. Often the abuser will harm others close to these victims in an effort to hurt or control the victims. An abuser may harm children, other family members friends, pets, personal belongings and the family home. Isolation keeps a victim trapped. Frequently, a batterer isolates the victim from the family socially, emotionally and geographically. The victim is frequently forbidden to see trusted friends and family, and is denied the opportunity to go to school or work outside of the home. There is little or no access to or control over finances. In the midst of this horrible isolation, the abuser may employ "brainwashing tactics" and, with no input to the contrary from anyone outside the abusive relationship, there will be no way for the victim to do any reality testing. Dysfunctional protector-type behaviors on the part of domestic abusers further isolates victims of domestic violence from those persons and things that are important to their well-being. After a protracted period of isolation, victims may feel confused, terrified and emotionally overwhelmed. If these victims should ever enter into new domestic relationships, they tend to have an overwhelming fear of their abusers’ threats of harm. Victims will also feel tremendous guilt over having put another innocent person in harm’s way. Victims may also question and struggle with new issues of trust, not knowing if their new relationships are real or simply cruel repetitions of the patterns previously established with their abusers. NJ Divorce & Family Law Attorney Romanowski STATUTES
COURT RULE R. 5:7A [ Printer-friendly version ] [ Return to Top ] (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. (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. (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. (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. (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). (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. 2C:25-17. Prevention of Domestic Violence Act of 1991 [ Printer-friendly version ] [ Return to Top ] This act shall be known and may be cited as the "Prevention of Domestic Violence Act of 1991." 2C:25-18. Legislative findings and declaration [ Printer-friendly version ] [ Return to Top ] The Legislature finds and declares that domestic violence is a serious crime against society; that there are thousands of persons in this State who are regularly beaten, tortured and in some cases even killed by their spouses or cohabitants; that a significant number of women who are assaulted are pregnant; that victims of domestic violence come from all social and economic backgrounds and ethnic groups; that there is a positive correlation between spousal abuse and child abuse; and that children, even when they are not themselves physically assaulted, suffer deep and lasting emotional effects from exposure to domestic violence. It is therefore, the intent of the Legislature to assure the victims of domestic violence the maximum protection from abuse the law can provide. The Legislature further finds and declares that the health and welfare of some of its most vulnerable citizens, the elderly and disabled, are at risk because of incidents of reported and unreported domestic violence, abuse and neglect which are known to include acts which victimize the elderly and disabled emotionally, psychologically, physically and financially; because of age, disabilities or infirmities, this group of citizens frequently must rely on the aid and support of others; while the institutionalized elderly are protected under P.L.1977, c. 239 (C. 52:27G-1 et seq.), elderly and disabled adults in noninstitutionalized or community settings may find themselves victimized by family members or others upon whom they feel compelled to depend. The Legislature further finds and declares that violence against the elderly and disabled, including criminal neglect of the elderly and disabled under section 1 of P.L.1989, c. 23 (C. 2C:24-8), must be recognized and addressed on an equal basis as violence against spouses and children in order to fulfill our responsibility as a society to protect those who are less able to protect themselves. The Legislature further finds and declares that even though many of the existing criminal statutes are applicable to acts of domestic violence, previous societal attitudes concerning domestic violence have affected the response of our law enforcement and judicial systems, resulting in these acts receiving different treatment from similar crimes when they occur in a domestic context. The Legislature finds that battered adults presently experience substantial difficulty in gaining access to protection from the judicial system, particularly due to that system's inability to generate a prompt response in an emergency situation. It is the intent of the Legislature to stress that the primary duty of a law enforcement officer when responding to a domestic violence call is to enforce the laws allegedly violated and to protect the victim. Further, it is the responsibility of the courts to protect victims of violence that occurs in a family or family-like setting by providing access to both emergent and long- term civil and criminal remedies and sanctions, and by ordering those remedies and sanctions that are available to assure the safety of the victims and the public. To that end, the Legislature encourages the training of all police and judicial personnel in the procedures and enforcement of this act, and about the social and psychological context in which domestic violence occurs; and it further encourages the broad application of the remedies available under this act in the civil and criminal courts of this State. It is further intended that the official response to domestic violence shall communicate the attitude that violent behavior will not be excused or tolerated, and shall make clear the fact that the existing criminal laws and civil remedies created under this act will be enforced without regard to the fact that the violence grows out of a domestic situation. 2C:25-19. Definitions [ Printer-friendly version ] [ Return to Top ] As
used in this act: (1) Homicide N.J.S. 2C:11-1 et seq. When one or more of these acts is inflicted by an unemancipated minor upon a person protected under this act, the occurrence shall not constitute "domestic violence," but may be the basis for the filing of a petition or complaint pursuant to the provisions of section 11 of P.L.1982, c. 77 (C. 2A:4A- 30). b. "Law enforcement agency" means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which employs law enforcement officers. c. "Law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest and conviction of offenders against the laws of this State. d. "Victim of domestic violence" means a person protected under this act and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member. "Victim of domestic violence" also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship. e. "Emancipated minor" means a
person who is under 18 years of age but who has been married, has
entered military service, has a child or is pregnant or has been
previously declared by a court or an administrative agency to be
emancipated. 2C:25-20. Training course and curriculum; domestic crisis teams [ Printer-friendly version ] [ Return to Top ] a. (1) The Division of Criminal Justice shall develop and approve a training course and curriculum on the handling, investigation and response procedures concerning reports of domestic violence and abuse and neglect of the elderly and disabled. This training course and curriculum shall be reviewed at least every two years and modified by the Division of Criminal Justice from time to time as need may require. The Division of Criminal Justice shall distribute the curriculum to all local police agencies. (2) The Attorney General shall be responsible for ensuring that all law enforcement officers attend initial training within 90 days of appointment or transfer and annual inservice training of at least four hours as described in this section. b. (1) The Administrative Office of the Courts shall develop and approve a training course and a curriculum on the handling, investigation and response procedures concerning allegations of domestic violence. This training course shall be reviewed at least every two years and modified by the Administrative Office of the Courts from time to time as need may require. (2) The Administrative Director of the Courts shall be responsible for ensuring that all judges and judicial personnel attend initial training within 90 days of appointment or transfer and annual inservice training as described in this section. (3) The Division of Criminal Justice and the Administrative Office of the Courts shall provide that all training on the handling of domestic violence matters shall include information concerning the impact of domestic violence on society, the dynamics of domestic violence, the statutory and case law concerning domestic violence, the necessary elements of a protection order, policies and procedures as promulgated or ordered by the Attorney General or the Supreme Court, and the use of available community resources, support services, available sanctions and treatment options. Law enforcement agencies shall : (1) establish domestic crisis teams or participate in established domestic crisis teams, and (2) shall train individual officers in methods of dealing with domestic violence and neglect and abuse of the elderly and disabled. The teams may include social workers, clergy or other persons trained in counseling, crisis intervention or in the treatment of domestic violence and neglect and abuse of the elderly and disabled victims. 2C:25-21. Arrest; criminal complaint; seizure of weapons [ Printer-friendly version ] [ Return to Top ] a. When a person claims to be a victim of domestic violence, and where a law enforcement officer responding to the incident finds probable cause to believe that domestic violence has occurred, the law enforcement officer shall arrest the person who is alleged to be the person who subjected the victim to domestic violence and shall sign a criminal complaint if: (1) The victim exhibits signs of injury caused by an act of domestic violence; (2) A warrant is in effect; (3) There is probable cause to believe that the person has violated N.J.S. 2C:29-9, and there is probable cause to believe that the person has been served with the order alleged to have been violated. If the victim does not have a copy of a purported order, the officer may verify the existence of an order with the appropriate law enforcement agency; or (4) There is probable cause to believe that a weapon as defined in N.J.S. 2C:39-1 has been involved in the commission of an act of domestic violence. b. A law enforcement officer may arrest a person; or may sign a criminal complaint against that person, or may do both, where there is probable cause to believe that an act of domestic violence has been committed, but where none of the conditions in subsection a. of this section applies. c. (1) As used in this section, the word "exhibits" is to be liberally construed to mean any indication that a victim has suffered bodily injury, which shall include physical pain or any impairment of physical condition. Where the victim exhibits no visible sign of injury, but states that an injury has occurred, the officer should consider other relevant factors in determining whether there is probable cause to make an arrest. (2) In determining which party in a domestic violence incident is the victim where both parties exhibit signs of injury, the officer should consider the comparative extent of the injuries, the history of domestic violence between the parties, if any, and any other relevant factors. (3) No victim shall be denied relief or arrested or charged under this act with an offense because the victim used reasonable force in self defense against domestic violence by an attacker. d. (1) In addition to a law enforcement officer's authority to seize any weapon that is contraband, evidence or an instrumentality of crime, a law enforcement officer who has probable cause to believe that an act of domestic violence has been committed may: (a) question persons present to determine whether there are weapons on the premises; and (b) upon observing or learning that a weapon is present on the premises, seize any weapon that the officer reasonably believes would expose the victim to a risk of serious bodily injury. (2) A law enforcement officer shall deliver all weapons seized pursuant to this section to the county prosecutor and shall append an inventory of all seized weapons to the domestic violence report. (3) Weapons seized in accordance with the above shall be returned to the owner except upon order of the Superior Court. The prosecutor who has possession of the seized weapons may, upon notice to the owner, petition a judge of the Family Part of the Superior Court, Chancery Division, within 45 days of seizure, to obtain title to the seized weapons, or to revoke any and all permits, licenses and other authorizations for the use, possession, or ownership of such weapons pursuant to the law governing such use, possession, or ownership, or may object to the return of the weapons on such grounds as are provided for the initial rejection or later revocation of the authorizations, or on the grounds that the owner is unfit or that the owner poses a threat to the public in general or a person or persons in particular. A hearing shall be held and a record made thereof within 15 days of the notice provided above. No formal pleading and no filing fee shall be required as a preliminary to such hearing. The hearing shall be summary in nature. Appeals from the results of the hearing shall be to the Superior Court, Appellate Division, in accordance with the law. If the prosecutor does not institute an action within 45 days of seizure, the seized weapons shall be returned to the owner. After the hearing the court shall order the return of the firearms, weapons and any authorization papers relating to the seized weapons to the owner if the complaint has been dismissed at the request of the complainant and the prosecutor determines that there is insufficient probable cause to indict; or if the defendant is found not guilty of the charges; or if the court determines that the domestic violence situation no longer exists. Nothing in this act shall impair the right of the State to retain evidence pending a criminal prosecution. Nor shall any provision of this act be construed to limit the authority of the State or a law enforcement officer to seize, retain or forfeit property pursuant to chapter 64 of Title 2C of the New Jersey Statutes. If, after the hearing, the court determines that the weapons are not to be returned to the owner, the court may: (a) With respect to weapons other than firearms, order the prosecutor to dispose of the weapons if the owner does not arrange for the transfer or sale of the weapons to an appropriate person within 60 days; or (b) Order the revocation of the owner's
firearms purchaser identification card or any permit, license or
authorization, in which case the court shall order the owner to
surrender any firearm seized and all other firearms possessed to
the prosecutor and shall order the prosecutor to dispose of the
firearms if the owner does not arrange for the sale of the firearms
to a registered dealer of the firearms within 60 days; or (4) A civil suit may be brought to enjoin a wrongful failure to return a seized firearm where the prosecutor refuses to return the weapon after receiving a written request to do so and notice of the owner's intent to bring a civil action pursuant to this section. Failure of the prosecutor to comply with the provisions of this act shall entitle the prevailing party in the civil suit to reasonable costs, including attorney's fees, provided that the court finds that the prosecutor failed to act in good faith in retaining the seized weapon. (5) No law enforcement officer or agency shall be held liable in any civil action brought by any person for failing to learn of, locate or seize a weapon pursuant to this act, or for returning a seized weapon to its owner. 2C:25-22. Immunity from civil liability [ Printer-friendly version ] [ Return to Top ] A law enforcement officer or a member of a domestic crisis team or any person who, in good faith, reports a possible incident of domestic violence to the police shall not be held liable in any civil action brought by any party for an arrest based on probable cause, enforcement in good faith of a court order, or any other act or omission in good faith under this act. 2C:25-23. Notice provided to victims; contents [ Printer-friendly version ] [ Return to Top ] A law enforcement officer shall disseminate and explain to the victim the following notice, which shall be written in both English and Spanish: "You have the right to go to court to get an order called a temporary restraining order, also called a TRO, which may protect you from more abuse by your attacker. The officer who handed you this card can tell you how to get a TRO. The kinds of things a judge can order in a TRO may include: (1) That your attacker is temporarily forbidden from entering the home you live in; (2) That your attacker is temporarily forbidden from having contact with you or your relatives; (3) That your attacker is temporarily forbidden from bothering you at work; (4) That your attacker has to pay temporary child support or support for you; (5) That you be given temporary custody of your children; (6) That your attacker pay you back any money you have to spend for medical treatment or repairs because of the violence. There are other things the court can order, and the court clerk will explain the procedure to you and will help you fill out the papers for a TRO. You also have the right to file a criminal complaint against your attacker. The police officer who gave you this paper will tell you how to file a criminal complaint. On weekends, holidays and other times when the courts are closed, you still have a right to get a TRO. The police officer who gave you this paper can help you get in touch with a judge who can give you a TRO." 2C:25-24. Domestic violence offense report; contents; annual report by superintendent of state police [ Printer-friendly version ] [ Return to Top ] a. It shall be the duty of a law enforcement officer who responds to a domestic violence call to complete a domestic violence offense report. All information contained in the domestic violence offense report shall be forwarded to the appropriate county bureau of identification and to the State bureau of records and identification in the Division of State Police in the Department of Law and Public Safety. A copy of the domestic violence offense report shall be forwarded to the municipal court where the offense was committed unless the case has been transferred to the Superior Court. b. The domestic violence offense report shall be on a form prescribed by the supervisor of the State bureau of records and identification which shall include, but not be limited to, the following information: (1) The relationship of the parties; (2) The sex of the parties; (3) The time and date of the incident; (4) The number of domestic violence calls investigated; (5) Whether children were involved, or whether the alleged act of domestic violence had been committed in the presence of children; (6) The type and extent of abuse; (7) The number and type of weapons involved; (8) The action taken by the law enforcement officer; (9) The existence of any prior court orders issued pursuant to this act concerning the parties; (10) The number of domestic violence calls alleging a violation of a domestic violence restraining order; (11) The number of arrests for a violation of a domestic violence order; and (12) Any other data that may be necessary for a complete analysis of all circumstances leading to the alleged incident of domestic violence. c. It shall be the duty of the Superintendent of the State Police with the assistance of the Division of Systems and Communications in the Department of Law and Public Safety to compile and report annually to the Governor, the Legislature and the Advisory Council on Domestic Violence on the tabulated data from the domestic violence offense reports, classified by county. 2C:25-25. Criminal complaint; effect of dissolution of marriage, civil proceedings, or leaving residence; waiver of disclosure of victim's location [ Printer-friendly version ] [ Return to Top ] The court in a criminal complaint arising from a domestic violence incident: a. Shall not dismiss any charge or delay disposition of a case because of concurrent dissolution of a marriage, other civil proceedings, or because the victim has left the residence to avoid further incidents of domestic violence; b. Shall not require proof that either party is seeking a dissolution of a marriage prior to institution of criminal proceedings; c. Shall waive any requirement that the victim's location be disclosed to any person. 2C:25-26. Release from custody before trial; restraining orders; confidentiality of victim's location; bail [ Printer-friendly version ] [ Return to Top ] a. When a defendant charged with a crime or offense involving domestic violence is released from custody before trial on bail or personal recognizance, the court authorizing the release may as a condition of release issue an order prohibiting the defendant from having any contact with the victim including, but not limited to, restraining the defendant from entering the victim's residence, place of employment or business, or school, and from harassing or stalking the victim or victim's relatives in any way. The court may enter an order prohibiting the defendant from possessing any firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 and ordering the search for and seizure of any such 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. b. The written court order releasing the defendant shall contain the court's directives specifically restricting the defendant's ability to have contact with the victim or the victim's friends, co-workers or relatives. The clerk of the court or other person designated by the court shall provide a copy of this order to the victim forthwith. c. The victim's location shall remain confidential and shall not appear on any documents or records to which the defendant has access. d. Before bail is set, the defendant's prior record shall be considered by the court. The court shall also conduct a search of the domestic violence central registry. Bail shall be set as soon as is feasible, but in all cases within 24 hours of arrest. e. Once bail is set it shall not be reduced without prior notice to the county prosecutor and the victim. Bail shall not be reduced by a judge other than the judge who originally ordered bail, unless the reasons for the amount of the original bail are available to the judge who reduces the bail and are set forth in the record. f. A victim shall not be prohibited from applying for, and a court shall not be prohibited from issuing, temporary restraints pursuant to this act because the victim has charged any person with commission of a criminal act. 2C:25-26.1. Notification of victim of release of defendant charged with crime involving domestic violence [ Printer-friendly version ] [ Return to Top ] Notwithstanding any other provision of law to the contrary, whenever a defendant charged with a crime or an offense involving domestic violence is released from custody the prosecuting agency shall notify the victim. 2C:25-27. Conditions of sentence [ Printer-friendly version ] [ Return to Top ] When a defendant is found guilty of a crime or offense involving domestic violence and a condition of sentence restricts the defendant's ability to have contact with the victim, that condition shall be recorded in an order of the court and a written copy of that order shall be provided to the victim by the clerk of the court or other person designated by the court. In addition to restricting a defendant's ability to have contact with the victim, the court may require the defendant to receive professional counseling from either a private source or a source appointed by the court, and if the court so orders, the court shall require the defendant to provide documentation of attendance at the professional counseling. In any case where the court order contains a requirement that the defendant receive professional counseling, no application by the defendant to dissolve the restraining order shall be granted 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. 2C:25-28. Complaint by victim; emergency relief; temporary restraining orders; service of process [ Printer-friendly version ] [ Return to Top ] a. A victim may file a complaint alleging the commission of an act of domestic violence with the Family Part of the Chancery Division of the Superior Court in conformity with the rules of court. The court shall not dismiss any complaint or delay disposition of a case because the victim has left the residence to avoid further incidents of domestic violence. Filing a complaint pursuant to this section shall not prevent the filing of a criminal complaint for the same act. On weekends, holidays and other times when the court is closed, a victim may file a complaint before a judge of the Family Part of the Chancery Division of the Superior Court or a municipal court judge who shall be assigned to accept complaints and issue emergency, ex parte relief in the form of temporary restraining orders pursuant to this act. A plaintiff may apply for relief under this section in a court having jurisdiction over the place where the alleged act of domestic violence occurred, where the defendant resides, or where the plaintiff resides or is sheltered, and the court shall follow the same procedures applicable to other emergency applications. Criminal complaints filed pursuant to this act shall be investigated and prosecuted in the jurisdiction where the offense is alleged to have occurred. Contempt complaints filed pursuant to N.J.S.2C:29-9 shall be prosecuted in the county where the contempt is alleged to have been committed and a copy of the contempt complaint shall be forwarded to the court that issued the order alleged to have been violated. b. The court shall waive any requirement that the petitioner's place of residence appear on the complaint. c. The clerk of the court, or other person designated by the court, shall assist the parties in completing any forms necessary for the filing of a summons, complaint, answer or other pleading. d. Summons and complaint forms shall be readily available at the clerk's office, at the municipal courts and at municipal and State police stations. e. As soon as the domestic violence complaint is filed, both the victim and the abuser shall be advised of any programs or services available for advice and counseling. f. A plaintiff may seek emergency, ex parte relief in the nature of a temporary restraining order. A municipal court judge or a judge of the Family Part of the Chancery Division of the Superior Court may enter an ex parte order when necessary to protect the life, health or well-being of a victim on whose behalf the relief is sought. g. If it appears that the plaintiff is in danger of domestic violence, the judge shall, upon consideration of the plaintiff's domestic violence complaint, order emergency ex parte relief, in the nature of a temporary restraining order. A decision shall be made by the judge regarding the emergency relief forthwith. h. A judge may issue a temporary restraining order upon sworn testimony or complaint of an applicant who is not physically present, pursuant to court rules, or by a person who represents a person who is physically or mentally incapable of filing personally. A temporary restraining order may be issued 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. i. An order for emergency, ex parte relief shall be granted upon good cause shown and shall remain in effect until a judge of the Family Part issues a further order. Any temporary order hereunder is immediately appealable for a plenary hearing de novo not on the record before any judge of the Family Part of the county in which the plaintiff resides or is sheltered if that judge issued the temporary order or has access to the reasons for the issuance of the temporary order and sets forth in the record the reasons for the modification or dissolution. The denial of a temporary restraining order by a municipal court judge and subsequent administrative dismissal of the complaint shall not bar the victim from refiling a complaint in the Family Part based on the same incident and receiving an emergency, ex parte hearing de novo not on the record before a Family Part judge, and every denial of relief by a municipal court judge shall so state. j. Emergency relief may include forbidding the defendant from returning to the scene of the domestic violence, forbidding the defendant to possess any firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1, ordering the search for and seizure of any such weapon at any location where the judge has reasonable cause to believe the weapon is located and any other appropriate relief. The judge shall state with specificity the reasons for and scope of the search and seizure authorized by the order. k. The judge may permit the defendant to return to the scene of the domestic violence to pick up personal belongings and effects but shall, in the order granting relief, restrict the time and duration of such permission and provide for police supervision of such visit. l. An order granting emergency relief, together with the complaint or complaints, shall immediately be forwarded to the appropriate law enforcement agency for service on the defendant, and to the police of the municipality in which the plaintiff resides or is sheltered, and shall immediately be served upon the defendant by the police, except that an order issued during regular court hours may be forwarded to the sheriff for immediate service upon the defendant in accordance with the Rules of Court. If personal service cannot be effected upon the defendant, the court may order other appropriate substituted service. At no time shall the plaintiff be asked or required to serve any order on the defendant. m. (Deleted by amendment, P.L.1994, c. 94.) n. Notice of temporary restraining orders issued pursuant to this section shall be sent by the clerk of the court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency or court. o. (Deleted by amendment, P.L.1994, c. 94.) p. Any temporary or permanent restraining
order issued pursuant to this act shall be in effect throughout
the State, and shall be enforced by all law enforcement officers. 2C:25-29. Hearing; factors considered; orders for relief [ Printer-friendly version ] [ Return to Top ] a. A hearing shall be held in the Family Part of the Chancery Division of the Superior Court within 10 days of the filing of a complaint pursuant to section 12 of P.L.1991, c. 261 (C.2C:25-28) in the county where the ex parte restraints were ordered, unless good cause is shown for the hearing to be held elsewhere. A copy of the complaint shall be served on the defendant in conformity with the Rules of Court. If a criminal complaint arising out of the same incident which is the subject matter of a complaint brought under P.L.1981, c. 426 (C.2C:25-1 et seq.) or P.L.1991, c. 261 (C.2C:25- 17 et seq.) has been filed, testimony given by the plaintiff or defendant in the domestic violence matter shall not be used in the simultaneous or subsequent criminal proceeding against the defendant, other than domestic violence contempt matters and where it would otherwise be admissible hearsay under the rules of evidence that govern where a party is unavailable. At the hearing the standard for proving the allegations in the complaint shall be by a preponderance of the evidence. The court shall 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; and (6) The existence of a verifiable order of protection from another jurisdiction. An order issued under this act shall only restrain or provide damages payable from a person against whom a complaint has been filed under this act and only after a finding or an admission is made that an act of domestic violence was committed by that person. The issue of whether or not a violation of this act occurred, including an act of contempt under this act, shall not be subject to mediation or negotiation in any form. In addition, where a temporary or final order has been issued pursuant to this act, no party shall be ordered to participate in mediation on the issue of custody or parenting time. b. In proceedings in which complaints for restraining orders have been filed, the court shall grant any relief necessary to prevent further abuse. 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: (1) An 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. (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. (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. (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. (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 Violent Crimes 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. (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. (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. (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. (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. (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. (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. (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. (13) (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. (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. (16) An order prohibiting the defendant from possessing any firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 and ordering the search for and seizure of any such 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 . c. Notice of orders issued pursuant to this section shall be sent by the clerk of the Family Part of the Chancery Division of the Superior Court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency. d. Upon good cause shown, any final order may be dissolved or modified upon application to the Family Part of the Chancery Division of the Superior Court, but only if the judge who dissolves or modifies the order is the same judge who entered the order, or has available a complete record of the hearing or hearings on which the order was based. e. Prior to the issuance of any order pursuant to this section, the court shall order that a search be made of the domestic violence central registry. 2C:25-30. Violation of order; contempt proceedings; subsequent offenses [ Printer-friendly version ] [ Return to Top ] Except as provided below, a violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection b. of N.J.S. 2C:29-9 and each order shall so state. All contempt proceedings conducted pursuant to N.J.S. 2C:29-9 involving domestic violence orders, other than those constituting indictable offenses, shall be heard by the Family Part of the Chancery Division of the Superior Court. All contempt proceedings brought pursuant to P.L.1991, c. 261 (C. 2C:25-17 et seq.) shall be subject to any rules or guidelines established by the Supreme Court to guarantee the prompt disposition of criminal matters. Additionally, and notwithstanding the term of imprisonment provided in N.J.S. 2C:43-8, any person convicted of a second or subsequent nonindictable domestic violence contempt offense shall serve a minimum term of not less than 30 days. Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of this act [FN1] shall be excluded from enforcement under subsection b. of N.J.S. 2C:29-9; however, violations of these orders may be enforced in a civil or criminal action initiated by the plaintiff or by the court, on its own motion, pursuant to applicable court rules. 2C:25-31. Contempt of order; arrest and custody of defendant [ Printer-friendly version ] [ Return to Top ] Where a law enforcement officer finds that there is probable cause that a defendant has committed contempt of an order entered pursuant to the provisions of P.L.1981, c. 426 (C.2C:25-1 et seq.) or P.L.1991, c. 261 (C.2C:25-17 et seq.), the defendant shall be arrested and taken into custody by a law enforcement officer. The law enforcement officer shall follow these procedures: The law enforcement officer shall transport the defendant to the police station or such other place as the law enforcement officer shall determine is proper. The law enforcement officer shall: a. Conduct a search of the domestic violence central registry and sign a complaint concerning the incident which gave rise to the contempt charge; b. Telephone or communicate in person or by facsimile with the appropriate judge assigned pursuant to this act and request bail be set on the contempt charge; c. If the defendant is unable to meet the bail set, take the necessary steps to insure that the defendant shall be incarcerated at police headquarters or at the county jail; and d. During regular court hours, the defendant shall have bail set by a Superior Court judge that day. On weekends, holidays and other times when the court is closed, the officer shall arrange to have the clerk of the Family Part notified on the next working day of the new complaint, the amount of bail, the defendant's whereabouts and all other necessary details. In addition, if a municipal court judge set the bail, the arresting officer shall notify the clerk of that municipal court of this information. 2C:25-32. Lack of probable cause for arrest for contempt; advice and assistance to victim [ Printer-friendly version ] [ Return to Top ] Where a person alleges that a defendant has committed contempt of an order entered pursuant to the provisions of P.L.1981, c. 426 (C.2C:25-1 et seq.) or P.L.1991, c. 261, but where a law enforcement officer has found that there is not probable cause sufficient to arrest the defendant, the law enforcement officer shall advise the complainant of the procedure for completing and signing a criminal complaint alleging a violation of N.J.S. 2C:29-9. During regular court hours, the assistance of the clerk of the Family Part of the Chancery Division of the Superior Court shall be made available to such complainants. Nothing in this section shall be construed to prevent the court from granting any other emergency relief it deems necessary. 2C:25-33. Uniform record of applications for relief; information included; confidentiality [ Printer-friendly version ] [ Return to Top ] a. The Administrative Office of the Courts shall, with the assistance of the Attorney General and the county prosecutors, maintain a uniform record of all applications for relief pursuant to sections 9, 10, 11, 12, and 13 of P.L.1991, c. 261 (C.2C:25-25, C.2C:25-26, C.2C:25-27, C.2C:25-28, and C.2C:25- 29). The record shall include the following information: (1) The number of criminal and civil complaints filed in all municipal courts and the Superior Court; (2) The sex of the parties; (3) The relationship of the parties; (4) The relief sought or the offense charged, or both; (5) The nature of the relief granted or penalty imposed, or both, including, but not limited to, the following: (a) custody ; (b) child support; (c) the specific restraints ordered; (d) any requirements or conditions imposed pursuant to paragraphs (1) through (18) of subsection b. of section 13 of P.L.1991, c. 261 (C.2C:25-29), including but not limited to professional counseling or psychiatric evaluations; (6) The effective date of each order issued; and (7) In the case of a civil action in which no permanent restraints are entered, or in the case of a criminal matter that does not proceed to trial, the reason or reasons for the disposition. It shall be the duty of the Director of
the Administrative Office of the Courts to compile and report annually
to the Governor, the Legislature and the Advisory Council on Domestic
Violence on the data tabulated from the records of these orders. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Serving Middlesex, Monmouth, Morris, Mercer, Somerset, Hunterdon, Warren, Union, Essex, Bergen, Hudson & Ocean Counties. | |||
|
|||
| Copyright
2007 Romanowski Law Offices |
Click for Site Map | NJ
Matrimonial & Family Law Attorney New Jersey Divorce, Child Custody Attorney |
|
| |
|||