New Jersey Domestic Violence, Part 1

What is the Prevention of Domestic Violence Act?

The Prevention of Domestic Violence Act applies to a person 18 years of age or older or a person who is an emancipated minor that has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member. A "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, or with whom the victim anticipates having a child, 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.

This means you are a victim of domestic violence if you or the abuser are the parents of any children, whether or not you have ever lived together; you are pregnant with the abuser's child; you and the abuser now live together or have lived together in the past; or you and the abuser now have or did have, at one time, a dating relationship.

You and the abuser do not have to be married or girlfriend/boyfriend. He or she can be a family member, your gay or lesbian partner, your roommate, your caretaker, or any other adult who lives with you now or has lived with you.

How do I know if I am a victim of domestic violence under this law?

You are a victim of domestic violence if you have experienced any of the following from a person who is over the age of 18 or an emancipated minor:

1. beatings or physical attacks such as kicking, slapping, punching, pushing, hair pulling, or any other physical attack in any other way that causes you harm or fear of harm;

2. threats that make you fear serious injury to yourself or your children (example: "When I come home I'm going to kick you, punch the kids, hurt you.");

3. threats that make you fear for your life (example: "If you don't do what I tell you to do, I'm going to kill you.");

4. imprisonment within your own home or at another location (example: A person locks you in your home, in a room, in a closet, in an automobile, for any period of time);

5. kidnapping (example: You are taken against your will from your home, place of business, or anywhere else and not permitted to leave.);

6. sexually assaulted where you are forced to have sexual contact or raped under threats of harm to yourself or someone else. This can also include unwanted sexual touching or if the perpetrator exposes his genitals.;

7. damage to your personal property;

8. forced entry into your home, with or without a weapon;

9. theft of your personal belongings;

10. threats against you with a weapon such as a gun, knife, machete, baseball bat, or any other object that you feel can harm you;

11. repeated verbal humiliation and attacks (example: A person calls you obscene names, or calls you stupid, ignorant, dumb, ugly, or other disrespectful names);

12. stalking you by actions done more than one time that include maintaining you in his sight, repeatedly being in physical proximity to you, repeatedly conveying verbal or written threats or threats implied by his actions, or all of these actions, and these actions cause you to fear bodily injury to you or a member of your family or to fear the death of you or a member of your family.

Will anyone be arrested?

A police officer must arrest the person you state perpetrated the acts of domestic violence against you, even if you do not want her/him arrested and even if you do not want to file a complaint against the person who committed these acts, if: (1) you exhibit any signs of injury; (2) the perpetrator has violated a previous Domestic Violence Restraining Order; (3) there is probable cause that a weapon has been involved in the commission of the act of domestic violence; (4) there is a warrant for the abuser's arrest on any other charge.

A police officer may arrest the person who committed the act of domestic violence against you if you exhibit no visible signs of injury but you have told him/her what happened and have advised him/her that an injury has occurred. The injuries could be internal and painful or the injury could be on an area of your body that you do not feel comfortable exposing to the officer.

If you act with reasonable force to protect yourself from the attacker, and you and the attacker both show signs of injury, you should not be arrested or charged with a domestic violence offense. The officer at the scene should consider the nature and extent of the injuries, along with any previous history of reported domestic violence incidents.

It is very important for you to tell the police officer if weapons were used to injure you or threaten you, and where the weapons are located.

It is very important for you to tell the police officer what happened, what your injuries are and if there were previous acts of domestic violence against you by your attacker or previous reports of attacks, or if there is a Domestic Violence Order already in place.

What if a weapon was used during an act of domestic violence?

If a police officer at the scene has reason to believe a weapon was used during an act of domestic violence, the officer must arrest the suspect and seize any weapons on the premises that could expose you to further harm. The officer must also sign a criminal complaint in this instance.

Seized weapons are turned over to the county prosecutor's office. If the prosecutor does not institute a legal action within 45 days to retain the weapon(s) seized, they may be returned to the owner.

What should I do if I have a restraining order and my abuser still doesn't leave me alone?

If you have a Domestic Violence Restraining Order and your abuser violates the terms (example: mails a letter to you or has someone else deliver a letter to you; calls you on the telephone; appears at your place of work, home, school or restaurant where you are eating, and does not immediately leave when he sees you), call the police immediately. Have your copy of the restraining order ready to show the police. Your abuser can be arrested and jailed. You have the right to call the police as many times as you need to when you are in danger from your attacker, whether or not you have a Domestic Violence Restraining Order.

It is very important for you to carry a copy of the Domestic Violence Restraining Order with you at all times.

What if the police don't come fast enough or refuse to come?

You must be prepared when dealing with a violent person. You should have access to a telephone at all times. Carry a cell phone if possible. If you don't have a phone, try to establish a relationship with a neighbor or relative who will call the police for you when you need help. It is imperative that you tell a neighbor or relative about the violence for your protection and the protection of your children in the event that the police do not come or do not come fast enough.

If the police are taking too much time to respond and you remain in danger, call your local domestic violence hotline. A worker for the domestic violence hotline can put you on hold while someone calls the police and advocates on your behalf to respond quickly to your situation.

You should have a safety plan in the event that the police do not come or do not come quickly enough. If all else fails, draw on your own resourcefulness either to escape the danger or attract attention by screaming for help or setting off the security alarm.

What legal remedies can I seek if I have been a victim of domestic violence?

You have the right to file a civil complaint under the Prevention of Domestic Violence Act, along with a criminal complaint. Both complaints should be filed for your protection since the civil complaint is designed to protect you and the criminal complaint is designed to punish the abuser.

What is a civil complaint?

In a civil action you are asking the court to resolve a conflict between you and the person abusing you. You are not asking the court to punish that person for breaking the law. One of the protections available to you in a civil action is a civil restraining order.

What is a civil restraining order?

A civil restraining order is a legally enforceable document that, among other things, limits the physical contact between you and the person abusing you. When you first sign a complaint for a restraining order, and if you meet all the criteria under the Prevention of Domestic Violence Act, you will receive a "Temporary Restraining Order" (TRO). The abuser will not have to be present to obtain the TRO. Within approximately 10 days you will appear in court at a hearing and tell the judge what happened to cause you to sign the complaint against your abuser and the judge will decide whether or not to give you a Final Restraining Order. The abuser will be present during this hearing, but sheriff's officers will protect you.

How can I get a temporary restraining order (TRO)?

Between the hours of 8:30 a.m. and 3:30 p.m., Monday through Friday, go to the court clerk in the Family Part of your county's Superior Court at the County Courthouse and tell a court employee that you are there to file a TRO. A family court intake employee will give you papers to fill out and ask you to describe what happened during the most recent domestic violence incident. You can ask if there is someone there who can assist you in preparing the papers, which contain a complaint and statement against your abuser. Ask the intake person to explain what will happen when you go into the courtroom.

On weekdays between 4 p.m. and 8:30 a.m. the next day, and on weekends and holidays, you must go to your police department to obtain a TRO through a municipal court judge. The police usually take the information for the complaint and call the judge to advise what has occurred. The judge may wish to speak to you on the phone. Then the judge will issue a TRO if he or she thinks you are in danger.

Who issues a temporary restraining order?

A TRO must be issued by a Domestic Violence Hearing Officer or by a judge from the municipal court or a judge from the Family Part of the Superior Court at the county courthouse.

If you are denied a TRO by a municipal court judge, you may immediately reapply (8:30 a.m. to 4 p.m., Monday through Friday) to the Family Part of the Superior Court based upon the same incident of domestic violence.

Where must I file for a temporary restraining order?

You may file in the county where the domestic violence occurred, where you live, where the abuser lives or where you are sheltered.

What do I put in the complaint?

It is very important that you carefully read each part of the complaint before completing it. You must list all facts of the incident that happened that made you file the complaint. For example, facts like: "hit; punched; threatened to kill me; cursed; pulled hair; burned with cigarettes; threw chair, knife, fork at me; followed me to work, home, school, store" should be included, if they happened.

If the abuser used a weapon to hurt or attempt to hurt you include this in the complaint.

It is also very important to include previous acts of violence/abuse against you in the complaint. Something else to include is if the abuser has a criminal history or if he has been arrested previously.

Under the section marked "Relief" read the requests carefully and then check or tell the intake worker to check the box that states what you want from the court. For example:

• That the abuser's weapons be seized.
• That the abuser is temporarily forbidden to have contact with you, your children, your relatives, and other people you identify as being at risk.
• That the abuser is temporarily forbidden to enter the location where the violence happened and the home you share with him.
• That you are granted sole possession of the home you shared with the abuser.
• That you are granted temporary sole custody of the children.
• That the abuser temporarily support you and your children.
• That you have temporary possession of a car, a key to the car and residence, a health insurance card, a checkbook, passport for yourself and your children, immigration documents, birth certificates, or other things you might need.
• That the abuser have either no visitation with the children or supervised visitation.
• That a risk evaluation be conducted before any visitation is ordered by the court if the children have been abused by the abuser.
• That the abuser pay you for any losses, such as moving expenses, lawyer's fees, medical bills, lost wages, or money spent to repair damage to your property.
• That the abuser pay for your pain and suffering.
• That the abuser be ordered to go to psychological counseling, counseling for substance abuse (alcohol/drugs) with a counselor who is a certified domestic violence counselor.

The intake worker or domestic violence advocate will assist you in completing the complaint. If there is no one to help you, you can fill it out yourself, but read it carefully to make sure you don't miss anything.

You will need the name and address of the abuser, and a description, along with his date of birth, social security number and the name and address of his employer if you know them. This information is necessary so the complaint can be served to the abuser.