New Jersey Domestic Violence

Statistics state that a woman is beaten every 15 seconds. Additionally, women of all cultures,  races, occupations and income levels are victims of domestic abuse or battering. Battering is the establishment of control and fear in a relationship through violence and other forms of abuse.

When an act of domestic violence occurs, the victim can go into the County Court to file a temporary restraining order. however, if the police are called to the scene, the police can file a criminal complaint and assist the victim with filing a temporary restraining order. At the temporary restraining order hearing, the victim appears in front of a judge to explain why a temporary restraining order should be entered. Upon the entry of a temporary restraining order, the judge will set a date for the final restraining order hearing, usually within ten (10) days. At this time, the judge will also order that the alleged abuser leave the residence shared by both parties, if that is the case, and can also award temporary custody of the children to the victim.

At the final hearing, the judge will hear arguments from both parties and make a determination concerning the presence or absence of domestic violence. If the judge finds the presence of domestic violence, he or she can make a final order protecting the victim, including the children and household, from the abuser. Additionally, the order can include economic support for the victim and children.

The domestic violence laws of the State of New Jersey err on the side of caution. They are written to give a great deal of discretion to the judge who is hearing the matter. Actions that could be considered relatively trivial or minor in some instances, such as kicking one's vehicle or shoving a person, can fall within the statute if the anger present is deemed to have been directed against the victim. A person need not be physically abused in order to obtain protection under the domestic violence laws; actions such as terroristic threats or harassment may qualify as acts of abuse. Therefore, a battered person, whether suffering physical harm or threat of physical harm can get protection.