Domestic Violence in New Jersey

In New Jersey, the number of Domestic Violence cases has risen dramatically since Covid. Perhaps it is because people are staying home more or are working from home, but regardless of the reason, Domestic Violence has increased. Having represented people charged with Domestic Violence, as well as many victims, I have seen both sides of these types of matters.

There are two types of restraining orders in New Jersey, a temporary restraining order and a final restraining order. After a temporary restraining order has been issued, a hearing will be scheduled in the Superior Court, Family Part, within a relatively short period of time to determine whether a final restraining order should be issued for your protection.

To establish a claim or prevail in obtaining a final restraining order, there must be three elements that need to be satisfied. First, there must be a “qualifying” relationship between the parties (the victim and the Defendant). To establish a “qualifying” relationship the parties must have had a dating relationship, be members of the same household (i.e. live together) or be family members. This is considered a jurisdictional issue for the Court to determine. Next, there must be a recent “predicate” act of domestic violence. In other words, there must be a recent incident, or incidents, of Domestic Violence that allow the Court to hear the case as there is the potential for imminent harm to a victim. “Predicate acts” of domestic violence include, but are not limited to: assault, terrorist threats, criminal mischief, criminal trespass, harassment, cyber harassment and stalking. There are other causes of action, but these are the most common.

The final element to obtaining a final restraining order is the necessity, or need, to issue a final restraining order to prevent future acts of Domestic Violence. Sometimes, this is considered the second prong under Silver v. Silver. This is where the Court considers a number of factors, such as: the relationship between the parties, whether or not children are involved, the proximity between the parties, the likelihood of Domestic Violence reoccurring and the history between the parties of prior acts of Domestic Violence. Simply because an act of Domestic Violence occurred will not ensure that a permanent restraining order will be granted, unless, it can be shown that it is necessary to prevent future acts of Domestic Violence.

Working with Victim Advocacy Groups, I now represent many victims of Domestic Violence. If you are a victim of Domestic Violence, you should know that you are not alone. There are resources throughout the State of New Jersey that can help and assist victims in many aspects of Domestic Violence, including payment of attorney fees (up to a statutory limit). As a victim of Domestic Violence, these benefits are available regarding of your financial situation.

As a victim, you have the right to have an experienced attorney on your side to face your abuser. I offer FREE consultations for all of these types of matters. The abuse does not need to continue and you deserve to have your voice heard!

Call (732) 321-9100 today for a FREE consultation
and speak directly to Brian.