Domestic Violence

The Plaintiff, this is the alleged victim of the domestic violence.

The burden in a Final Restraining Order hearing is only a preponderance of the evidence standard.

In plain English, this standard is met if the evidence proves that it is more likely than not that domestic violence has occurred.

If you or a family member are dealing with domestic violence, call us call us at 732-625-9661.

Not always, the police have no authority to issue a Temporary Restraining Order. The alleged victim of Domestic Violence or Domestic Assault is the only entity that can seek a Temporary Restraining Order.

A Superior Court judge or Municipal Court judge is the only entity that can issue a Temporary Restraining Order.

Consider the following example: A husband strikes his wife and causes a bloody nose. She calls 911 and the police arrive to the residence.

The police see visible sign of injury, which is the wife’s bloody nose. The wife tells the police that the husband hit her, causing the bloody nose.

In this circumstance, the police are required under New Jersey law to charge the husband with Simple Assault.

At this time, the police will ask the wife if she wants to apply for a Temporary Restraining Order. The police cannot force the wife to do so.

If the wife refuses to apply for a Temporary Restraining Order, there is no Restraining Order. However, the husband is charged with the criminal offense of Simple Assault.

In the above example, the husband is charged with a criminal offense, but no Restraining Order was issued.

If you or a family member have been arrested for Domestic Violence in New Jersey, call me at 732-625-9661.

No, the Prevention of Domestic Violence Act is civil in nature. A Final Restraining Order hearing is a civil proceeding. There is no crime or criminal offense in New Jersey of Domestic Violence.

For instance, if a husband hits his wife and she calls 911, the police will arrive.

If the police determine that the husband hit his wife, they will ask her if she wants to apply for a Temporary Restraining Order. That is not a criminal charge.

However, a husband under the scenario described above can also be charged with a criminal offense.

For instance, he can be charged with Simple Assault or Aggravated Assault depending on the severity of his wife’s injury. This would be in addition to a Temporary Restraining Order that his wife could apply for.

Therefore, a Domestic Violence case could have simultaneous criminal charges and a Temporary Restraining Order relating to the same facts and circumstances.

In this example, the husband could have criminal charges in either Municipal Court or Superior Court and be defending a Final Restraining Order in the Superior Court-Family Part at the same time.

It cannot be overstated how complex Domestic Violence is in the state of New Jersey.

The individual who is subject to a Temporary Restraining Order which could convert to a Final Restraining Order who may or may not also be charged with companion criminal offenses should consult with an experienced criminal attorney at the moment they are served with a Temporary Restraining Order and/or their companion criminal charges.

Domestic Violence in New Jersey is encompassed by the Prevention of Domestic Violence Act. It is a very comprehensive statute. It sets forth the procedures for the issuance of Temporary Restraining Orders, hearings for Final Restraining Orders, and Violations of either Temporary Restraining Orders or Final Restraining Orders.

It is a well-written and well-intentioned statute however, it is not written in a chronological fashion. Family Part judges, attorneys, and parties who are subject to the Prevention of Domestic Violence Act have all struggled with understanding the many complexities of the statute. It can best be described as dense.

In essence, Domestic Violence is one or more of fourteen enumerated criminal acts committed by an individual against another person who has standing to allege an act of Domestic Violence.

A victim of Domestic Violence is a person who is eighteen years of age or older or who is an emancipated minor and has been subjected to Domestic Violence by a spouse, former spouse, present or former household member, has a child in common with or with whom the victim anticipated having a child in common or has had a dating relationship.

If the victim can demonstrate such standing, and one or more of fourteen enumerated criminal acts has occurred, they can apply to either a Superior Court judge or Municipal Court judge for a Temporary Restraining Order. Within 10 days of the issuance of the Temporary Restraining Order, a Final Restraining Order will be scheduled in the Superior Court-Family Part.

Once the Temporary Restraining Order is entered, the individual against whom the restraints have been entered can have no contact with the alleged victim.

If the Family Part judge finds that an act of Domestic Violence has been proven by a preponderance of the evidence and a Final Restraining Order is entered, the restraints are permanent in New Jersey. To repeat, a Final Restraining Order in New Jersey is a permanent Order.

If You or a family member are dealing with domestic violence, call us call us at 732-625-9661.

Just this past week, the first in 2010, the New Jersey Judiciary Committee began looking at 5 bills drafted by a group of four assemblywomen, according to the Associated Press. The five bills are all seeking tougher domestic violence laws and greater protection for domestic violence victims.

Sympathy for domestic violence victims is widespread and understandably so. Victims are typically, though not always, women, and they are often abused for years before seeking help.

Among the five new bills introduced is A-4367. This bill would instate mandatory minimum sentences for people convicted of violence against someone under protection order. Violation of a protection order is already a criminal offense. This would add an additional element should a criminal act be committed in the violation of the order.

Another one of the bills, A-4363 would make coercion a criminal domestic offense. Coercion is defined by the bill as “the unlawful restriction of someone else’s freedom”.

Perhaps the most questionable proposed bill, A4363, would set up a pilot program to continuously monitor 500 convicted domestic violence offenders. Sex offenders are currently monitored in this way across the country. However, satellite monitoring of DV offenders is something fairly new.

Finally, A4365 would allow victims of domestic violence to claim self-defense in uses of force. This bill would make self protection a justifiable defense for victims of domestic violence.

There’s no indication at this current time how the bills will be received by lawmakers. There’s no doubt that citizens and legislators alike want to protect victims but they have to balance that with protecting the rights of others as well, even those convicted of a crime.

Being charged with a domestic assault is a life changing occurrence, even as the laws stand now. Domestic violence can rip families apart. Even if you are innocent of the charges against you, you will likely see family and friends turning their back on you.

During times like this you need someone in your corner looking out for your best interest and listening to your side of the story. I can be that person.

Contact me to discuss your case and how it should be handled.