Domestic Violence Restraining Order Violations in New Jersey

Related Ads

Talk to a Local Family Law Attorney

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

Although domestic violence does not just occur between spouses, this article focuses primarily on abuse between spouses and the contempt charges that may arise out of such domestic violence.

Domestic Violence Restraining Orders

Unfortunately, domestic violence is a serious and widespread problem in the United States. New Jersey has enacted a set of laws that help protect victims of abuse.  If you are the victim of domestic abuse, contact your local police department for assistance.

The first step in getting a formal order of protection is to file a complaint for domestic violence. Once a complaint has been filed, a hearing will be held in the Family Part of the Chancery Division of the Superior Court within ten days from the filing of the complaint. 

At the hearing, the victim-spouse who filed the domestic violence complaint (the “plaintiff”) must prove by a preponderance of the evidence that the other spouse (“defendant”) committed the allegations of domestic violence as stated in the complaint.  So, for example, if the victim alleges he or she was beaten, the victim will need to prove this to the judge by a preponderance of the evidence.  Evidence of violence can include video surveillance, photographs of bruises, cuts, scratches, and admissible witness statements and/or police reports.

If you plan to pursue a domestic violence complaint, you should contact an experienced, local family law attorney to help you prepare for the hearing.

Before issuing a domestic violence restraining order, the court must consider several factors, including but not limited to, the following:

  • the previous history of domestic violence between the plaintiff  and defendant, including threats, harassment and physical abuse
  • the existence of immediate danger to person or property
  • the financial circumstances of the plaintiff and defendant
  • the best interests of the victim and any child
  • in determining custody and parenting time, the protection of the victim's safety, and
  • the existence of a verifiable order of protection from another “jurisdiction” (another county or state).

If, after the consideration of these factors, the court finds that a restraining order should be issued, it can only restrain the defendant, and only after finding that the defendant committed an act of domestic violence.

What is Included in a Domestic Violence Restraining Order?

Courts have quite a bit of discretion in terms of what they can include in a restraining order. In fact, judges can prohibit the defendant from engaging in a wide variety of activity, if the activity will threaten the safety of the victim.  For example, the restraining order can include any of the following orders:

  • that the defendant is prohibited from subjecting the victim to domestic violence
  • that the victim have exclusive possession of the family residence regardless of whether it is solely owned or jointly owned by the parties
  • if it’s not possible for the victim to remain in the family home, the court may order the defendant  to pay the victim’s rent (if the defendant has a duty to support the victim)
  • an order providing for parenting time, which must protect the safety and well-being of the victim and any children (the order shall specify the place and frequency of parenting time)
  • that an investigation or evaluation be completed to determine whether any parenting time with the abusive parent is safe or poses any risk of harm to the children
  • that the defendant is prohibited from entering the  victim’s residence, property, school or place of employment  
  • that the defendant stay away from any other places named in the order (e.g., places the victim or his/her family frequents)  
  • that the defendant not make any contact with the plaintiff, including through phone or email, and
  • an order awarding temporary custody of a minor child to the victim.

For a complete list of the possible orders a judge can include in a domestic violence restraining order, see N.J.S.A. 2C:25-29.

Contempt for Domestic Violence Restraining Order Violations

If the defendant violates (disobeys) any portion of a domestic violence restraining order, that violation constitutes the offense of “contempt” under N.J.S.A. 2C:29-9 (b). 

A hearing on the violation or contempt charge usually amounts to a “disorderly person offense” and is heard by the Family Part of the Chancery Division of the Superior Court. But if the violation is more severe, such as an assault, then the contempt charge is considered a fourth degree offense, and the matter will be heard in the Criminal Part, Law Division of the Superior Court.

The standard of proof on a contempt charge is “beyond a reasonable doubt” rather than the “preponderance of the evidence” standard discussed above. The State must also prove that the defendant “knowingly and purposefully” intended to violate the restraining order.

What are the Penalties for a Second Contempt Offense?

There is an enhanced penalty for a second domestic violence contempt offense. A person found guilty of a second charge must serve a mandatory, 30-day jail term.

Resources

For the full text of the law governing contempt, see N.J.S.A. 2C:29-9 (b).

For a full list of the factors courts consider before issuing a domestic violence restraining order, see N.J.S.A. 2C:25-29

For a complete list of the possible orders a judge can include in a domestic violence restraining order, see N.J.S.A. 2C:25-29.

You can contact the National Domestic Violence Hotline at 1-800-799-SAFE or by clicking here for their website.

 

by: , Attorney

Talk to a Lawyer

Start here to find lawyers near you

HOW IT WORKS

how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 3
Choose attorneys to contact you
LA-NOLO6:DRU.1.6.1.20140626.27175