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Abuse Laws
New Jersey
2001
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New
Jersey Permanent Statutes
Title 2C Code of Criminal Justice
2C:25-17 through 35 "Prevention of Domestic Violence Act"
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2C:25-17.
Short title
1. This act shall be known
and may be cited as the "Prevention of Domestic Violence Act
of 1991."
L.1991,c.261,s.1.
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2C:25-18.
Findings, declarations
2. The Legislature finds and declares that domestic violence
is a serious crime against society; that there are thousands
of persons in this State who are regularly beaten, tortured
and in some cases even killed by their spouses or cohabitants;
that a significant number of women who are assaulted are pregnant;
that victims of domestic violence come from all social and economic
backgrounds and ethnic groups; that there is a positive correlation
between spousal abuse and child abuse; and that children, even
when they are not themselves physically assaulted, suffer deep
and lasting emotional effects from exposure to domestic violence.
It is therefore, the intent of the Legislature to assure the
victims of domestic violence the maximum protection from abuse
the law can provide.
The Legislature further finds and declares that the health and
welfare of some of its most vulnerable citizens, the elderly
and disabled, are at risk because of incidents of reported and
unreported domestic violence, abuse and neglect which are known
to include acts which victimize the elderly and disabled emotionally,
psychologically, physically and financially; because of age,
disabilities or infirmities, this group of citizens frequently
must rely on the aid and support of others; while the institutionalized
elderly are protected under P.L.1977, c.239 (C.52:27G-1 et seq.),
elderly and disabled adults in noninstitutionalized or community
settings may find themselves victimized by family members or
others upon whom they feel compelled to depend.
The Legislature further finds and declares that violence against
the elderly and disabled, including criminal neglect of the
elderly and disabled under section 1 of P.L.1989, c.23 (C.2C:24-8),
must be recognized and addressed on an equal basis as violence
against spouses and children in order to fulfill our responsibility
as a society to protect those who are less able to protect themselves.
The Legislature further finds and declares that even though
many of the existing criminal statutes are applicable to acts
of domestic violence, previous societal attitudes concerning
domestic violence have affected the response of our law enforcement
and judicial systems, resulting in these acts receiving different
treatment from similar crimes when they occur in a domestic
context. The Legislature finds that battered adults presently
experience substantial difficulty in gaining access to protection
from the judicial system, particularly due to that system's
inability to generate a prompt response in an emergency situation.
It is the intent of the Legislature to stress that the primary
duty of a law enforcement officer when responding to a domestic
violence call is to enforce the laws allegedly violated and
to protect the victim. Further, it is the responsibility of
the courts to protect victims of violence that occurs in a family
or family-like setting by providing access to both emergent
and long-term civil and criminal remedies and sanctions, and
by ordering those remedies and sanctions that are available
to assure the safety of the victims and the public. To that
end, the Legislature encourages the training of all police and
judicial personnel in the procedures and enforcement of this
act, and about the social and psychological context in which
domestic violence occurs; and it further encourages the broad
application of the remedies available under this act in the
civil and criminal courts of this State. It is further intended
that the official response to domestic violence shall communicate
the attitude that violent behavior will not be excused or tolerated,
and shall make clear the fact that the existing criminal laws
and civil remedies created under this act will be enforced without
regard to the fact that the violence grows out of a domestic
situation.
L.1991,c.261,s.2.
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2C:25-19.
Definitions
3. As used in this act:
a. "Domestic violence" means the occurrence of one or more
of the following acts inflicted upon a person protected under
this act by an adult or an emancipated minor:
(1) Homicide N.J.S.2C:11-1 et seq. (2) Assault N.J.S.2C:12-1
(3) Terroristic threats N.J.S.2C:12-3
(4) Kidnapping N.J.S.2C:13-1
(5) Criminal restraint N.J.S.2C:13-2
(6) False imprisonment N.J.S.2C:13-3
(7) Sexual assault N.J.S.2C:14-2
(8) Criminal sexual contact N.J.S.2C:14-3
(9) Lewdness N.J.S.2C:14-4
(10) Criminal mischief N.J.S.2C:17-3
(11) Burglary N.J.S.2C:18-2
(12) Criminal trespass N.J.S.2C:18-3
(13) Harassment N.J.S.2C:33-4
(14) Stalking P.L.1992, c.209 (C.2C:12-10)
When one or more of these acts is inflicted by an unemancipated
minor upon a person protected under this act, the occurrence
shall not constitute "domestic violence," but may be the basis
for the filing of a petition or complaint pursuant to the
provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30). b. "Law enforcement agency" means a department, division,
bureau, commission, board or other authority of the State
or of any political subdivision thereof which employs law
enforcement officers. c. "Law enforcement officer" means a person whose public duties
include the power to act as an officer for the detection,
apprehension, arrest and conviction of offenders against the
laws of this State. d. "Victim of domestic violence" means a person protected
under this act and shall include any person who is 18 years
of age or older or who is an emancipated minor and who has
been subjected to domestic violence by a spouse, former spouse,
or any other person who is a present or former household member.
"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 in common, or with whom the
victim anticipates having a child in common, 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. e. "Emancipated minor" means a person who is under 18 years
of age but who has been married, has entered military service,
has a child or is pregnant or has been previously declared
by a court or an administrative agency to be emancipated.
L.1991,c.261,s.3; amended 1994,c.93,s.1; 1994,c.94,s.1.
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2C:25-21.
Arrest of alleged attacker; seizure of weapons
5.
a.
When a person claims to be a victim of domestic violence,
and where a law enforcement officer responding to the incident
finds probable cause to believe that domestic violence has
occurred, the law enforcement officer shall arrest the person
who is alleged to be the person who subjected the victim to
domestic violence and shall sign a criminal complaint if:
(1) The victim exhibits signs of injury caused by an act
of domestic violence; (2) A warrant is in effect;
(3) There is probable cause to believe that the person has
violated N.J.S.2C:29-9, and there is probable cause to believe
that the person has been served with the order alleged to
have been violated. If the victim does not have a copy of
a purported order, the officer may verify the existence
of an order with the appropriate law enforcement agency;
or
(4) There is probable cause to believe that a weapon as
defined in N.J.S.2C:39-1 has been involved in the commission
of an act of domestic violence.
b. A law enforcement officer may arrest a person; or may sign
a criminal complaint against that person, or may do both,
where there is probable cause to believe that an act of domestic
violence has been committed, but where none of the conditions
in subsection a. of this section applies. c.
(1)
As used in this section, the word "exhibits" is to be liberally
construed to mean any indication that a victim has suffered
bodily injury, which shall include physical pain or any
impairment of physical condition. Where the victim exhibits
no visible sign of injury, but states that an injury has
occurred, the officer should consider other relevant factors
in determining whether there is probable cause to make an
arrest. (2) In determining which party in a domestic violence incident
is the victim where both parties exhibit signs of injury,
the officer should consider the comparative extent of the
injuries, the history of domestic violence between the parties,
if any, and any other relevant factors.
(3) No victim shall be denied relief or arrested or charged
under this act with an offense because the victim used reasonable
force in self defense against domestic violence by an attacker.
d.
(1)
In addition to a law enforcement officer's authority to
seize any weapon that is contraband, evidence or an instrumentality
of crime, a law enforcement officer who has probable cause
to believe that an act of domestic violence has been committed
may:
(a) question persons present to determine whether there
are weapons on the premises; and (b) upon observing or learning that a weapon is present
on the premises, seize any weapon that the officer reasonably
believes would expose the victim to a risk of serious
bodily injury.
(2) A law enforcement officer shall deliver all weapons
seized pursuant to this section to the county prosecutor
and shall append an inventory of all seized weapons to the
domestic violence report. (3) Weapons seized in accordance with the above shall be
returned to the owner except upon order of the Superior
Court. The prosecutor who has possession of the seized weapons
may, upon notice to the owner, petition a judge of the Family
Part of the Superior Court, Chancery Division, within 45
days of seizure, to obtain title to the seized weapons,
or to revoke any and all permits, licenses and other authorizations
for the use, possession, or ownership of such weapons pursuant
to the law governing such use, possession, or ownership,
or may object to the return of the weapons on such grounds
as are provided for the initial rejection or later revocation
of the authorizations, or on the grounds that the owner
is unfit or that the owner poses a threat to the public
in general or a person or persons in particular.
A hearing shall be held and a record made thereof within
15 days of the notice provided above. No formal pleading
and no filing fee shall be required as a preliminary to
such hearing. The hearing shall be summary in nature. Appeals
from the results of the hearing shall be to the Superior
Court, Appellate Division, in accordance with the law.
If the prosecutor does not institute an action within 45
days of seizure, the seized weapons shall be returned to
the owner.
After the hearing the court shall order the return of the
firearms, weapons and any authorization papers relating
to the seized weapons to the owner if the complaint has
been dismissed at the request of the complainant and the
prosecutor determines that there is insufficient probable
cause to indict; or if the defendant is found not guilty
of the charges; or if the court determines that the domestic
violence situation no longer exists.
Nothing in this act shall impair the right of the State
to retain evidence pending a criminal prosecution. Nor shall
any provision of this act be construed to limit the authority
of the State or a law enforcement officer to seize, retain
or forfeit property pursuant to chapter 64 of Title 2C of
the New Jersey Statutes.
If, after the hearing, the court determines that the weapons
are not to be returned to the owner, the court may:
(a) With respect to weapons other than firearms, order
the prosecutor to dispose of the weapons if the owner
does not arrange for the transfer or sale of the weapons
to an appropriate person within 60 days; or (b) Order the revocation of the owner's firearms purchaser
identification card or any permit, license or authorization,
in which case the court shall order the owner to surrender
any firearm seized and all other firearms possessed to
the prosecutor and shall order the prosecutor to dispose
of the firearms if the owner does not arrange for the
sale of the firearms to a registered dealer of the firearms
within 60 days; or
(c) Order such other relief as it may deem appropriate.
When the court orders the weapons forfeited to the State
or the prosecutor is required to dispose of the weapons,
the prosecutor shall dispose of the property as provided
in N.J.S. 2C:64-6.
(4) A civil suit may be brought to enjoin a wrongful failure
to return a seized firearm where the prosecutor refuses
to return the weapon after receiving a written request to
do so and notice of the owner's intent to bring a civil
action pursuant to this section. Failure of the prosecutor
to comply with the provisions of this act shall entitle
the prevailing party in the civil suit to reasonable costs,
including attorney's fees, provided that the court finds
that the prosecutor failed to act in good faith in retaining
the seized weapon. (5) No law enforcement officer or agency shall be held liable
in any civil action brought by any person for failing to
learn of, locate or seize a weapon pursuant to this act,
or for returning a seized weapon to its owner.
L.1991,c.261,s.5.
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2C:25-22.
Immunity from civil liability
6.
A law enforcement officer or a member of a domestic crisis team
or any person who, in good faith, reports a possible incident
of domestic violence to the police shall not be held liable
in any civil action brought by any party for an arrest based
on probable cause, enforcement in good faith of a court order,
or any other act or omission in good faith under this act.
L.1991,c.261,s.6; amended 1994,c.94,s.2.
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2C:25-23.
Dissemination of notice to victim of domestic violence
7.
A law enforcement officer shall disseminate and explain to the
victim the following notice, which shall be written in both
English and Spanish:
"You
have the right to go to court to get an order called a temporary
restraining order, also called a TRO, which may protect you
from more abuse by your attacker. The officer who handed you
this card can tell you how to get a TRO. The kinds of things a judge can order in a TRO may include:
(1) That your attacker is temporarily forbidden from entering
the home you live in;
(2) That your attacker is temporarily forbidden from having
contact with you or your relatives;
(3) That your attacker is temporarily forbidden from bothering
you at work;
(4) That your attacker has to pay temporary child support
or support for you;
(5) That you be given temporary custody of your children;
(6) That your attacker pay you back any money you have to
spend for medical treatment or repairs because of the violence.
There are other things the court can order, and the court
clerk will explain the procedure to you and will help you
fill out the papers for a TRO.
You also have the right to file a criminal complaint against
your attacker. The police officer who gave you this paper
will tell you how to file a criminal complaint.
On weekends, holidays and other times when the courts are
closed, you still have a right to get a TRO. The police officer
who gave you this paper can help you get in touch with a judge
who can give you a TRO."
L.1991,c.261,s.7.
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2C:25-24.
Domestic violence offense reports.
8.
a.
It shall be the duty of a law enforcement officer who responds
to a domestic violence call to complete a domestic violence
offense report. All information contained in the domestic
violence offense report shall be forwarded to the appropriate
county bureau of identification and to the State bureau of
records and identification in the Division of State Police
in the Department of Law and Public Safety. A copy of the
domestic violence offense report shall be forwarded to the
municipal court where the offense was committed unless the
case has been transferred to the Superior Court. b.
The domestic violence offense report shall be on a form prescribed
by the supervisor of the State bureau of records and identification
which shall include, but not be limited to, the following
information:
(1)
The relationship of the parties; (2)
The sex of the parties;
(3)
The time and date of the incident;
(4)
The number of domestic violence calls investigated;
(5)
Whether children were involved, or whether the alleged act
of domestic violence had been committed in the presence
of children;
(6)
The type and extent of abuse;
(7)
The number and type of weapons involved;
(8)
The action taken by the law enforcement officer;
(9)
The existence of any prior court orders issued pursuant
to this act concerning the parties;
(10)
The number of domestic violence calls alleging a violation
of a domestic violence restraining order;
(11)
The number of arrests for a violation of a domestic violence
order; and
(12)
Any other data that may be necessary for a complete analysis
of all circumstances leading to the alleged incident of
domestic violence.
c.
It shall be the duty of the Superintendent of the State Police
with the assistance of the Division of Systems and Communications
in the Department of Law and Public Safety to compile and
report annually to the Governor, the Legislature and the Advisory
Council on Domestic Violence on the tabulated data from the
domestic violence offense reports, classified by county
L.1991,c.261,s.8;
amended 1999, c.119, s.2.
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2C:25-25.
Criminal complaints; proceedings
9.
The court in a criminal complaint arising from a domestic violence
incident:
a. Shall not dismiss any charge or delay disposition of a
case because of concurrent dissolution of a marriage, other
civil proceedings, or because the victim has left the residence
to avoid further incidents of domestic violence; b. Shall not require proof that either party is seeking a
dissolution of a marriage prior to institution of criminal
proceedings;
c. Shall waive any requirement that the victim's location
be disclosed to any person.
L.1991,c.261,s.9.
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2C:25-26.
Release of defendant before trial; conditions.
10.
a.
When a defendant charged with a crime or offense involving
domestic violence is released from custody before trial on
bail or personal recognizance, the court authorizing the release
may as a condition of release issue an order prohibiting the
defendant from having any contact with the victim including,
but not limited to, restraining the defendant from entering
the victim's residence, place of employment or business, or
school, and from harassing or stalking the victim or victim's
relatives in any way. The court may enter an order prohibiting
the defendant from possessing any firearm or other weapon
enumerated in subsection r. of N.J.S.2C:39-1 and ordering
the search for and seizure of any such weapon at any location
where the judge has reasonable cause to believe the weapon
is located. The judge shall state with specificity the reasons
for and scope of the search and seizure authorized by the
order. b.
The written court order releasing the defendant shall contain
the court's directives specifically restricting the defendant's
ability to have contact with the victim or the victim's friends,
co-workers or relatives. The clerk of the court or other person
designated by the court shall provide a copy of this order
to the victim forthwith.
c.
The victim's location shall remain confidential and shall
not appear on any documents or records to which the defendant
has access.
d.
Before bail is set, the defendant's prior record shall be
considered by the court. The court shall also conduct a search
of the domestic violence central registry. Bail shall be set
as soon as is feasible, but in all cases within 24 hours of
arrest.
e.
Once bail is set it shall not be reduced without prior notice
to the county prosecutor and the victim. Bail shall not be
reduced by a judge other than the judge who originally ordered
bail, unless the reasons for the amount of the original bail
are available to the judge who reduces the bail and are set
forth in the record.
f.
A victim shall not be prohibited from applying for, and a
court shall not be prohibited from issuing, temporary restraints
pursuant to this act because the victim has charged any person
with commission of a criminal act.
L.1991,c.261,s.10;
amended 1994, c.94, s.3; 1999, c.421, s.2.
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2C:25-26.1.
Notification of victim of release of defendant
1. Notwithstanding any other provision of law to the contrary,
whenever a defendant charged with a crime or an offense involving
domestic violence is released from custody the prosecuting agency
shall notify the victim.
L.1994,c.137,s.1.
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2C:25-27.
Conditions of sentencing of defendant found guilty of domestic
violence.
11.
When a defendant is found guilty of a crime or offense involving
domestic violence and a condition of sentence restricts the
defendant's ability to have contact with the victim, that condition
shall be recorded in an order of the court and a written copy
of that order shall be provided to the victim by the clerk of
the court or other person designated by the court. In addition
to restricting a defendant's ability to have contact with the
victim, the court may require the defendant to receive professional
counseling from either a private source or a source appointed
by the court, and if the court so orders, the court shall require
the defendant to provide documentation of attendance at the
professional counseling. In any case where the court order contains
a requirement that the defendant receive professional counseling,
no application by the defendant to dissolve the restraining
order shall be granted unless, in addition to any other provisions
required by law or conditions ordered by the court, the defendant
has completed all required attendance at such counseling.
L.1991,c.261,s.11;
amended 1999, c.236, s.1.
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2C:25-28.
Filing complaint alleging domestic violence in Family Part;
proceedings.
12.
a.
A victim may file a complaint alleging the commission of an
act of domestic violence with the Family Part of the Chancery
Division of the Superior Court in conformity with the rules
of court. The court shall not dismiss any complaint or delay
disposition of a case because the victim has left the residence
to avoid further incidents of domestic violence. Filing a
complaint pursuant to this section shall not prevent the filing
of a criminal complaint for the same act. On
weekends, holidays and other times when the court is closed,
a victim may file a complaint before a judge of the Family
Part of the Chancery Division of the Superior Court or a municipal
court judge who shall be assigned to accept complaints and
issue emergency, ex parte relief in the form of temporary
restraining orders pursuant to this act.
A
plaintiff may apply for relief under this section in a court
having jurisdiction over the place where the alleged act of
domestic violence occurred, where the defendant resides, or
where the plaintiff resides or is sheltered, and the court
shall follow the same procedures applicable to other emergency
applications. Criminal complaints filed pursuant to this act
shall be investigated and prosecuted in the jurisdiction where
the offense is alleged to have occurred. Contempt complaints
filed pursuant to N.J.S.2C:29-9 shall be prosecuted in the
county where the contempt is alleged to have been committed
and a copy of the contempt complaint shall be forwarded to
the court that issued the order alleged to have been violated.
b.
The court shall waive any requirement that the petitioner's
place of residence appear on the complaint.
c.
The clerk of the court, or other person designated by the
court, shall assist the parties in completing any forms necessary
for the filing of a summons, complaint, answer or other pleading.
d.
Summons and complaint forms shall be readily available at
the clerk's office, at the municipal courts and at municipal
and State police stations.
e.
As soon as the domestic violence complaint is filed, both
the victim and the abuser shall be advised of any programs
or services available for advice and counseling.
f.
A plaintiff may seek emergency, ex parte relief in the nature
of a temporary restraining order. A municipal court judge
or a judge of the Family Part of the Chancery Division of
the Superior Court may enter an ex parte order when necessary
to protect the life, health or well-being of a victim on whose
behalf the relief is sought.
g.
If it appears that the plaintiff is in danger of domestic
violence, the judge shall, upon consideration of the plaintiff's
domestic violence complaint, order emergency ex parte relief,
in the nature of a temporary restraining order. A decision
shall be made by the judge regarding the emergency relief
forthwith.
h.
A judge may issue a temporary restraining order upon sworn
testimony or complaint of an applicant who is not physically
present, pursuant to court rules, or by a person who represents
a person who is physically or mentally incapable of filing
personally. A temporary restraining order may be issued if
the judge is satisfied that exigent circumstances exist sufficient
to excuse the failure of the applicant to appear personally
and that sufficient grounds for granting the application have
been shown.
i.
An order for emergency, ex parte relief shall be granted upon
good cause shown and shall remain in effect until a judge
of the Family Part issues a further order. Any temporary order
hereunder is immediately appealable for a plenary hearing
de novo not on the record before any judge of the Family Part
of the county in which the plaintiff resides or is sheltered
if that judge issued the temporary order or has access to
the reasons for the issuance of the temporary order and sets
forth in the record the reasons for the modification or dissolution.
The denial of a temporary restraining order by a municipal
court judge and subsequent administrative dismissal of the
complaint shall not bar the victim from refiling a complaint
in the Family Part based on the same incident and receiving
an emergency, ex parte hearing de novo not on the record before
a Family Part judge, and every denial of relief by a municipal
court judge shall so state.
j.
Emergency relief may include forbidding the defendant from
returning to the scene of the domestic violence, forbidding
the defendant to possess any firearm or other weapon enumerated
in subsection r. of N.J.S.2C:39-1, ordering the search for
and seizure of any such weapon at any location where the judge
has reasonable cause to believe the weapon is located and
any other appropriate relief. The judge shall state with specificity
the reasons for and scope of the search and seizure authorized
by the order.
k.
The judge may permit the defendant to return to the scene
of the domestic violence to pick up personal belongings and
effects but shall, in the order granting relief, restrict
the time and duration of such permission and provide for police
supervision of such visit.
l.
An order granting emergency relief, together with the complaint
or complaints, shall immediately be forwarded to the appropriate
law enforcement agency for service on the defendant, and to
the police of the municipality in which the plaintiff resides
or is sheltered, and shall immediately be served upon the
defendant by the police, except that an order issued during
regular court hours may be forwarded to the sheriff for immediate
service upon the defendant in accordance with the Rules of
Court. If personal service cannot be effected upon the defendant,
the court may order other appropriate substituted service.
At no time shall the plaintiff be asked or required to serve
any order on the defendant.
m.
(Deleted by amendment, P.L.1994, c.94.)
n.
Notice of temporary restraining orders issued pursuant to
this section shall be sent by the clerk of the court or other
person designated by the court to the appropriate chiefs of
police, members of the State Police and any other appropriate
law enforcement agency or court.
o.
(Deleted by amendment, P.L.1994, c.94.)
p.
Any temporary or permanent restraining order issued pursuant
to this act shall be in effect throughout the State, and shall
be enforced by all law enforcement officers.
q.
Prior to the issuance of any temporary or permanent restraining
order issued pursuant to this section, the court shall order
that a search be made of the domestic violence central registry
with regard to the defendant's record.
L.1991,c.261,s.12;
amended 1994, c.94, s.4; 1999, c.421, s.3.
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2C:25-28.1.
In-house restraining order prohibited
2.
Notwithstanding any provision of P.L.1991, c.261 (C.2C:25-17
et seq.) to the contrary, no order issued by the Family Part
of the Chancery Division of the Superior Court pursuant to section
12 or section 13 of P.L.1991, c.261 (C.2C:25-28 or 2C:25-29)
regarding emergency, temporary or final relief shall include
an in-house restraining order which permits the victim and the
defendant to occupy the same premises but limits the defendant's
use of that premises.
L.1995,c.242,s.2.
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2C:25-29.
Hearing procedure; relief.
13.
a.
A hearing shall be held in the Family Part of the Chancery
Division of the Superior Court within 10 days of the filing
of a complaint pursuant to section 12 of P.L.1991, c.261 (C.2C:25-28)
in the county where the ex parte restraints were ordered,
unless good cause is shown for the hearing to be held elsewhere.
A copy of the complaint shall be served on the defendant in
conformity with the Rules of Court. If a criminal complaint
arising out of the same incident which is the subject matter
of a complaint brought under P.L.1981, c.426 (C.2C:25-1 et
seq.) or P.L.1991, c.261 (C.2C:25-17 et seq.) has been filed,
testimony given by the plaintiff or defendant in the domestic
violence matter shall not be used in the simultaneous or subsequent
criminal proceeding against the defendant, other than domestic
violence contempt matters and where it would otherwise be
admissible hearsay under the rules of evidence that govern
where a party is unavailable. At the hearing the standard
for proving the allegations in the complaint shall be by a
preponderance of the evidence. The court shall consider but
not be limited to the following factors:
(1)
The previous history of domestic violence between the plaintiff
and defendant, including threats, harassment and physical
abuse; (2)
The existence of immediate danger to person or property;
(3)
The financial circumstances of the plaintiff and defendant;
(4)
The best interests of the victim and any child;
(5)
In determining custody and parenting time the protection
of the victim's safety; and
(6)
The existence of a verifiable order of protection from another
jurisdiction.
An
order issued under this act shall only restrain or provide
damages payable from a person against whom a complaint has
been filed under this act and only after a finding or an admission
is made that an act of domestic violence was committed by
that person. The issue of whether or not a violation of this
act occurred, including an act of contempt under this act,
shall not be subject to mediation or negotiation in any form.
In addition, where a temporary or final order has been issued
pursuant to this act, no party shall be ordered to participate
in mediation on the issue of custody or parenting time. b.
In proceedings in which complaints for restraining orders
have been filed, the court shall grant any relief necessary
to prevent further abuse. At the hearing the judge of the
Family Part of the Chancery Division of the Superior Court
may issue an order granting any or all of the following relief:
(1)
An order restraining the defendant from subjecting the victim
to domestic violence, as defined in this act. (2)
An order granting exclusive possession to the plaintiff
of the residence or household regardless of whether the
residence or household is jointly or solely owned by the
parties or jointly or solely leased by the parties. This
order shall not in any manner affect title or interest to
any real property held by either party or both jointly.
If it is not possible for the victim to remain in the residence,
the court may order the defendant to pay the victim's rent
at a residence other than the one previously shared by the
parties if the defendant is found to have a duty to support
the victim and the victim requires alternative housing.
(3)
An order providing for parenting time. The order shall protect
the safety and well-being of the plaintiff and minor children
and shall specify the place and frequency of parenting time.
Parenting time arrangements shall not compromise any other
remedy provided by the court by requiring or encouraging
contact between the plaintiff and defendant. Orders for
parenting time may include a designation of a place of parenting
time away from the plaintiff, the participation of a third
party, or supervised parenting time.
(a)
The court shall consider a request by a custodial parent
who has been subjected to domestic violence by a person
with parenting time rights to a child in the parent's
custody for an investigation or evaluation by the appropriate
agency to assess the risk of harm to the child prior to
the entry of a parenting time order. Any denial of such
a request must be on the record and shall only be made
if the judge finds the request to be arbitrary or capricious. (b)
The court shall consider suspension of the parenting time
order and hold an emergency hearing upon an application
made by the plaintiff certifying under oath that the defendant's
access to the child pursuant to the parenting time order
has threatened the safety and well-being of the child.
(4)
An order requiring the defendant to pay to the victim monetary
compensation for losses suffered as a direct result of the
act of domestic violence. The order may require the defendant
to pay the victim directly, to reimburse the Victims of
Crime Compensation Board for any and all compensation paid
by the Victims of Crime Compensation Board directly to or
on behalf of the victim, and may require that the defendant
reimburse any parties that may have compensated the victim,
as the court may determine. Compensatory losses shall include,
but not be limited to, loss of earnings or other support,
including child or spousal support, out-of-pocket losses
for injuries sustained, cost of repair or replacement of
real or personal property damaged or destroyed or taken
by the defendant, cost of counseling for the victim, moving
or other travel expenses, reasonable attorney's fees, court
costs, and compensation for pain and suffering. Where appropriate,
punitive damages may be awarded in addition to compensatory
damages. (5)
An order requiring the defendant to receive professional
domestic violence counseling from either a private source
or a source appointed by the court and, in that event, requiring
the defendant to provide the court at specified intervals
with documentation of attendance at the professional counseling.
The court may order the defendant to pay for the professional
counseling. No application by the defendant to dissolve
a final order which contains a requirement for attendance
at professional counseling pursuant to this paragraph shall
be granted by the court unless, in addition to any other
provisions required by law or conditions ordered by the
court, the defendant has completed all required attendance
at such counseling.
(6)
An order restraining the defendant from entering the residence,
property, school, or place of employment of the victim or
of other family or household members of the victim and requiring
the defendant to stay away from any specified place that
is named in the order and is frequented regularly by the
victim or other family or household members.
(7)
An order restraining the defendant from making contact with
the plaintiff or others, including an order forbidding the
defendant from personally or through an agent initiating
any communication likely to cause annoyance or alarm including,
but not limited to, personal, written, or telephone contact
with the victim or other family members, or their employers,
employees, or fellow workers, or others with whom communication
would be likely to cause annoyance or alarm to the victim.
(8)
An order requiring that the defendant make or continue to
make rent or mortgage payments on the residence occupied
by the victim if the defendant is found to have a duty to
support the victim or other dependent household members;
provided that this issue has not been resolved or is not
being litigated between the parties in another action.
(9)
An order granting either party temporary possession of specified
personal property, such as an automobile, checkbook, documentation
of health insurance, an identification document, a key,
and other personal effects.
(10)
An order awarding emergency monetary relief, including emergency
support for minor children, to the victim and other dependents,
if any. An ongoing obligation of support shall be determined
at a later date pursuant to applicable law.
(11)
An order awarding temporary custody of a minor child. The
court shall presume that the best interests of the child
are served by an award of custody to the non-abusive parent.
(12)
An order requiring that a law enforcement officer accompany
either party to the residence or any shared business premises
to supervise the removal of personal belongings in order
to ensure the personal safety of the plaintiff when a restraining
order has been issued. This order shall be restricted in
duration.
(13)
(Deleted by amendment, P.L.1995, c.242).
(14)
An order granting any other appropriate relief for the plaintiff
and dependent children, provided that the plaintiff consents
to such relief, including relief requested by the plaintiff
at the final hearing, whether or not the plaintiff requested
such relief at the time of the granting of the initial emergency
order.
(15)
An order that requires that the defendant report to the
intake unit of the Family Part of the Chancery Division
of the Superior Court for monitoring of any other provision
of the order.
(16)
An order prohibiting the defendant from possessing any firearm
or other weapon enumerated in subsection r. of N.J.S.2C:39-1
and ordering the search for and seizure of any such weapon
at any location where the judge has reasonable cause to
believe the weapon is located. The judge shall state with
specificity the reasons for and scope of the search and
seizure authorized by the order.
(17)
An order prohibiting the defendant from stalking or following,
or threatening to harm, to stalk or to follow, the complainant
or any other person named in the order in a manner that,
taken in the context of past actions of the defendant, would
put the complainant in reasonable fear that the defendant
would cause the death or injury of the complainant or any
other person. Behavior prohibited under this act includes,
but is not limited to, behavior prohibited under the provisions
of P.L.1992, c.209 (C.2C:12-10).
(18)
An order requiring the defendant to undergo a psychiatric
evaluation.
c.
Notice of orders issued pursuant to this section shall be
sent by the clerk of the Family Part of the Chancery Division
of the Superior Court or other person designated by the court
to the appropriate chiefs of police, members of the State
Police and any other appropriate law enforcement agency. d.
Upon good cause shown, any final order may be dissolved or
modified upon application to the Family Part of the Chancery
Division of the Superior Court, but only if the judge who
dissolves or modifies the order is the same judge who entered
the order, or has available a complete record of the hearing
or hearings on which the order was based.
e.
Prior to the issuance of any order pursuant to this section,
the court shall order that a search be made of the domestic
violence central registry.
L.1991,c.261,s.13;
amended 1994, c.94, s.5; 1994, c.137, s.2; 1995, c.242, s.1;
1997, c.299, s.8; 1999, c.236, s.2; 1999, c.421, s.4.
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2C:25-30.
Violations, penalties
14. Except as provided below, a violation by the defendant of
an order issued pursuant to this act shall constitute an offense
under subsection b. of N.J.S.2C:29-9 and each order shall so
state. All contempt proceedings conducted pursuant to N.J.S.2C:29-9
involving domestic violence orders, other than those constituting
indictable offenses, shall be heard by the Family Part of the
Chancery Division of the Superior Court. All contempt proceedings
brought pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.) shall
be subject to any rules or guidelines established by the Supreme
Court to guarantee the prompt disposition of criminal matters.
Additionally, and notwithstanding the term of imprisonment provided
in N.J.S.2C:43-8, any person convicted of a second or subsequent
nonindictable domestic violence contempt offense shall serve
a minimum term of not less than 30 days. Orders entered pursuant
to paragraphs (3), (4), (5), (8) and (9) of subsection b. of
section 13 of this act shall be excluded from enforcement under
subsection b. of N.J.S.2C:29-9; however, violations of these
orders may be enforced in a civil or criminal action initiated
by the plaintiff or by the court, on its own motion, pursuant
to applicable court rules.
L.1991,c.261,s.14; amended 1994,c.93,s.3; 1994,c.94,s.6.
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2C:25-31.
Contempt, law enforcement procedures.
15.
Where a law enforcement officer finds that there is probable
cause that a defendant has committed contempt of an order entered
pursuant to the provisions of P.L.1981, c.426 (C.2C:25-1 et
seq.) or P.L.1991, c.261 (C.2C:25-17 et seq.), the defendant
shall be arrested and taken into custody by a law enforcement
officer. The law enforcement officer shall follow these procedures:
The
law enforcement officer shall transport the defendant to the
police station or such other place as the law enforcement officer
shall determine is proper. The law enforcement officer shall:
a.
Conduct a search of the domestic violence central registry
and sign a complaint concerning the incident which gave rise
to the contempt charge; b.
Telephone or communicate in person or by facsimile with the
appropriate judge assigned pursuant to this act and request
bail be set on the contempt charge;
c.
If the defendant is unable to meet the bail set, take the
necessary steps to insure that the defendant shall be incarcerated
at police headquarters or at the county jail; and
d.
During regular court hours, the defendant shall have bail
set by a Superior Court judge that day. On weekends, holidays
and other times when the court is closed, the officer shall
arrange to have the clerk of the Family Part notified on the
next working day of the new complaint, the amount of bail,
the defendant's whereabouts and all other necessary details.
In addition, if a municipal court judge set the bail, the
arresting officer shall notify the clerk of that municipal
court of this information.
L.1991,c.261,s.15;
amended 1994, c.94, s.7; 1999, c.421, s.5.
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2C:25-32.
Alleged contempt, complainant's procedure
16. Where a person alleges that a defendant has committed contempt
of an order entered pursuant to the provisions of P.L.1981,
c.426 (C.2C:25-1 et seq.) or P.L.1991, c.261, but where a law
enforcement officer has found that there is not probable cause
sufficient to arrest the defendant, the law enforcement officer
shall advise the complainant of the procedure for completing
and signing a criminal complaint alleging a violation of N.J.S.2C:29-9.
During regular court hours, the assistance of the clerk of the
Family Part of the Chancery Division of the Superior Court shall
be made available to such complainants. Nothing in this section
shall be construed to prevent the court from granting any other
emergency relief it deems necessary.
L.1991,c.261,s.16.
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2C:25-33.
Records of applications for relief; reports; confidentiality;
forms.
17.
a.
The Administrative Office of the Courts shall, with the assistance
of the Attorney General and the county prosecutors, maintain
a uniform record of all applications for relief pursuant to
sections 9, 10, 11, 12, and 13 of P.L.1991, c.261 (C.2C:25-25,
C.2C:25-26, C.2C:25-27, C.2C:25-28, and C.2C:25-29). The record
shall include the following information:
(1)
The number of criminal and civil complaints filed in all
municipal courts and the Superior Court; (2)
The sex of the parties;
(3)
The relationship of the parties;
(4)
The relief sought or the offense charged, or both;
(5)
The nature of the relief granted or penalty imposed, or
both, including, but not limited to, the following:
(a)
custody; (b)
child support;
(c)
the specific restraints ordered;
(d)
any requirements or conditions imposed pursuant to paragraphs
(1) through (18) of subsection b. of section 13 of P.L.1991,
c.261 (C.2C:25-29), including but not limited to professional
counseling or psychiatric evaluations;
(6)
The effective date of each order issued; and (7)
In the case of a civil action in which no permanent restraints
are entered, or in the case of a criminal matter that does
not proceed to trial, the reason or reasons for the disposition.
It
shall be the duty of the Director of the Administrative Office
of the Courts to compile and report annually to the Governor,
the Legislature and the Advisory Council on Domestic Violence
on the data tabulated from the records of these orders. All
records maintained pursuant to this act shall be confidential
and shall not be made available to any individual or institution
except as otherwise provided by law.
b.
In addition to the provisions of subsection a. of this section,
the Administrative Office of the Courts shall, with the assistance
of the Attorney General and the county prosecutors, create
and maintain uniform forms to record sentencing, bail conditions
and dismissals. The forms shall be used by the Superior Court
and by every municipal court to record any order in a case
brought pursuant to this act. Such recording shall include
but not be limited to, the specific restraints ordered, any
requirements or conditions imposed on the defendant, and any
conditions of bail.
L.1991,c.261,s.17;
amended 1994, c.94, s.8; 1999, c.119, s.1; 1999, c.421, s.6.
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2C:25-34.
Domestic violence restraining orders, central registry.
1.
The Administrative Office of the Courts shall establish and
maintain a central registry of all persons who have had domestic
violence restraining orders entered against them, all persons
who have been charged with a crime or offense involving domestic
violence, and all persons who have been charged with a violation
of a court order involving domestic violence. All records made
pursuant to this section shall be kept confidential and shall
be released only to:
a.
A public agency authorized to investigate a report of domestic
violence; b.
A police or other law enforcement agency investigating a report
of domestic violence, or conducting a background investigation
involving a person's application for a firearm permit or employment
as a police or law enforcement officer or for any other purpose
authorized by law or the Supreme Court of the State of New
Jersey; or
c.
A court, upon its finding that access to such records may
be necessary for determination of an issue before the court.
Any
individual, agency or court which receives from the Administrative
Office of the Courts the records referred to in this section
shall keep such records and reports, or parts thereof, confidential
and shall not disseminate or disclose such records and reports,
or parts thereof; provided that nothing in this section shall
prohibit a receiving individual, agency or court from disclosing
records and reports, or parts thereof, in a manner consistent
with and in furtherance of the purpose for which the records
and reports or parts thereof were received.
Any
individual who disseminates or discloses a record or report,
or parts thereof, of the central registry, for a purpose other
than investigating a report of domestic violence, conducting
a background investigation involving a person's application
for a firearm permit or employment as a police or law enforcement
officer, making a determination of an issue before the court,
or for any other purpose other than that which is authorized
by law or the Supreme Court of the State of New Jersey, shall
be guilty of a crime of the fourth degree.
L.1999,c.421,s.1.
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2C:25-35.
Rules of Court concerning central registry for domestic violence.
7.
The Supreme Court of New Jersey may adopt Rules of Court appropriate
or necessary to effectuate the purposes of this act.
L.1999,c.421,s.7. (back to top) |
