Phone: An act of “domestic violence” occurs under New Jersey law when a defendant commits one or more criminal offenses against his or her:
- spouse or former spouse;
- Current or former household member (i.e., an adult child);
- Current or former dating partner; or
- Co-parent, including a prospective co-parent if either party is pregnant.
The criminal offenses under the New Jersey Domestic violence law are homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual conduct, lewdness, criminal mischief, burglary, criminal trespass, harassment and cyber harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order and any crime involving risk of death or serious bodily injury.
Therefore, domestic violence is not physical violence alone. The abuse can be physical, sexual, emotional or a combination of all three.
To learn more about what domestic violence looks like, see http://www.jbws.org/about_abuse.html
Victims of domestic violence can obtain protection by seeking a restraining order.
Michele Hart has extensive experience in New Jersey domestic violence court proceedings and represents both victims and those wrongfully accused of domestic violence. She has lectured on the legal aspects of domestic violence to the Jersey Battered Women’s Center and crisis response team volunteers.
If you are a victim of domestic violence or if you’ve been unfairly accused of domestic violence, please call us immediately at (973) 292-9090.
Your legal rights can be significantly affected by any delay.
Restraining Orders
A restraining order is an order issued by the court to protect a victim of domestic violence.
Restraining orders are sought by filing a Domestic Violence Complaint at the appropriate court’s family division on weekdays between Monday through Friday, 8:30 a.m. to 3:30 p.m. and at other times when the court is closed at the local police department.
Before issuing a restraining order, the court will:
- Consider any previous history of domestic violence between the parties, including previous threats or harassment and/or physical violence); and
- Determine whether there is a present and immediate danger to the victim.
Requesting a restraining order at the courthouse
To apply for a restraining order at the courthouse, the plaintiff will meet with a domestic violence court staff member and have a hearing with a domestic violence hearing officer or judge, which is without notice to the defendant.
If the restraining order is granted, the plaintiff will be issued a temporary restraining order (TRO).
If the court issues a TRO, the plaintiff will be given a date to return for a final restraining order (FRO) hearing within 10 days.
Copies of the TRO will be sent to law enforcement for personal service on the defendant.
The plaintiff and defendant need to appear on the scheduled day of the final hearing.
In addition to requesting a restraining order, the plaintiff can file a criminal complaint arising from the same incident.
The Final Restraining Order hearing
At the final Restraining Order hearing, a judge will hear testimony from both parties.
The judge will decide whether an act of domestic violence occurred, whether a final restraining order (FRO) should be issued and if so, what types of relief will be granted.
Michele Hart has extensive experience in New Jersey domestic violence court proceedings and represents both victims and those wrongfully accused of domestic violence. She has lectured on the legal aspects of domestic violence to the Jersey Battered Women’s Center and crisis response team volunteers.
If you are a victim of domestic violence or if you’ve been unfairly accused of domestic violence, please call us immediately at (973) 292-9090.
Your legal rights can be significantly affected by any delay.
