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Dealing With Domestic Violence

By David S. Carton and Whitney G. Fish

Domestic violence cases are heard in the Superior Court of New Jersey, Chancery Division – Family Part, a court of equity. This is the same arm of the court that can restrain or force a person's actions under Crowe v. Di Goia, 90 N.J 126 (1982), terminate a marriage, award custody, order the payment of support, sell property, tell parents when they can see a child, and decide numerous other substantive issues that can dramatically affect a person's life.

Under the Prevention of Domestic Violence Act, a victim may apply to a judge for a temporary restraining order if there has been an instance of domestic violence between parties on an ex-parte basis, based on a showing of good cause to protect the life, health, or well being of a victim. (Domestic violence includes homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, and stalking.) N.J.S.A. 2C:25-28. If a temporary restraining order is granted, a judge may order injunctive, as well as non-injunctive, relief on the victim's behalf. Permanent relief can thereafter be obtained through a final restraining order. During the hearing for the final restraining order a judge of the Family Part will conduct a hearing with both the petitioner and the respondent present. The court will take testimony and formally analyze many factors including whether the petitioner is a victim as defined by the act, whether the respondent has committed an act that qualifies as domestic violence, as well as the presence of one or more of the six criteria found in N.J.S.A. 2C:25-29(a)(1) – (6).

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