by Felicia Jeffries

Created on: December 11, 2008   Last Updated: May 02, 2012

Thousands of persons in the state of New Jersey have been tortured and in some cases killed by their spouses or cohabitants. A significant number of women were assaulted while pregnant. Victims of domestic violence come from all social and economic backgrounds. Some of New Jersey's most vulnerable citizens, the elderly and disabled, are victims of domestic violence as well. With this being the case the State of New Jersey has developed a system to ensure these victims are protected.

If a victim of domestic violence notifies law enforcement, the responding officer must provide the victim with assistance in filing either a criminal or cival complaint/ TRO (temporary restraining order) or both. There are special provisions for persons under the age of 18.

The victim filing the TRO may file a complaint on the abuser 1. where the alleged act of domestic violence occured. 2 where the defendent resides 3 where the victim resifes 4 where the victim is sheltered or temporarity residing. During court hours for domestic violence Monday through Friday 8:30 a.m. to at least 3:30 p.m the victim should go to the family division of Supeior Court. If the victim arrives later than 3:30 p.m. the victim should not be turned away. Each county has procedures for dealing with after hours cases. The officer would arrange either an in person or telephonic communication between an on site or emergent duty judge so that the request for emergency relief can be handled without the victim having to go to the police or the Municipal Court.

The complaint should be processed immediately. In no way should the victim to told to wait until business hours the next day. Municipal Court procedures for TRO would be handled by a judge by in person, by telephone, or any other communicable method. After hearing the testimony from the victim, the judge may issue or deny the TRO. A final hearing would be set in 10 days. When the Superiour Coutt is closed the Municipal Court acts as emergency relief. During court hours for domestic violence cases, the victim will be referred to Superior Court, Family Division to sign a domestic violence complaint. When a criminal complaint is signed, it is to be processed seperately through the Criminal/ Municipal Courts.

Once a domestic violence victim has filed the necessary paper work. The"Ex parte" an application for a TRO where the judge or hearing officer takes testimony only from the plaintiff without notice to the defendant of the application - court will make every effort to hear the case within one hour. This is called an emergency hearing. 

The next hearing is the FRO hearing Final Restraining Order hearing to be heard in 10 days. In this hearing matters of the children will also come up, such as if the victim wishes to request ongoing child support. This would require an IV-D application, provided by the court. Following the final hearing the court may grant any relief necessary to remedy the domestic violence situation, preventing it from occuring again. Any relief will be stated in the FRO.

Everyone who has a FRO against them will have to report to fingerprinting and photographing either on the same day or within a reasonable time thereafter. In order to find out about the specific regulations in the county of the victim's residence, contact your local law enforcement agency.

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