Domestic Violence Laws in New Jersey
- New Jersey residents would do well to remember a few points of law in instances where tempers between friends and family may flare. The Garden State takes cases of domestic violence very seriously.
In 1991, the New Jersey State Legislature passed the Prevention of Domestic Violence Act (PVA), which designated domestic violence as a serious "crime against society" and which implemented some very serious civil and criminal sanctions against those who perpetrate it.
According to the PVA, which is now law under the New Jersey Permanent Statutes, the legislature found that domestic violence is pervasive to the point where thousands of individuals in the state are "regularly beaten, tortured and in some cases killed by their spouses or cohabitants." - As defined by the New Jersey State Legislature, domestic violence can entail main acts perpetrated by both adults and emancipated minors under domestic or familial circumstances.
These acts include: murder, kidnapping, assault, terroristic threats, harassment, stalking, sexual assault, criminal sexual contact, criminal mischief, criminal trespassing, burglary, false imprisonment and lewdness.
This definition and criminal penalties for any of these acts as defined under this banner of "domestic violence" apply to emancipated minors. Unemancipated minors--defined as those still under the care of parents or a guardian-- cannot be charged with any of these acts under laws governing domestic violence. - In 1991, released in tandem with the new domestic violence laws, the New Jersey Supreme Court and the New Jersey Attorney General issued the "Domestic Violence Procedures Manual."
According to the recommendations laid out in the manual, individuals who have suffered domestic violence should first obtain a restraining order against the abuser.
A temporary restraining order can be gained through two courts: Superior Court, Chancery Division, Family Part, or through their local municipal court.
If a victim of domestic violence needs to obtain a restraining order against an abuser outside of court hours of operation, on weekends or during court holidays, he must contact local law enforcement who will aide him in obtaining the order through a judge. - If a "final," or permanent, restraining order is sought by a victim of domestic violence, she will need to appear at a court hearing before a judge of the Superior Court, Chancery Division, Family Part, to explain her case and to request the order.
This hearing will take place usually within 10 days of the issuance of the temporary restraining order and both parties must be present, though in most cases the victim of the abuse may present her case to the judge without the alleged abuser being present. - As the definition of domestic violence in New Jersey is broad, a vast array of civil and criminal penalties may apply to parties convicted of charges under this banner.
Under the state's domestic violence laws, judges may attach additional measures to the sentences of convicted abusers.
Such measures may include: mandated alcohol or drug treatment, and restitution of legal fees incurred by the plaintiff during prosecution.
Definition
Temporary Restraining Orders
Final Restraining Orders
Penalties
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