Allegations of Domestic Violence and the Role of the Court

Domestic violence is a serious issue concerning all segments of our society. It affects couples, their children, friends, relatives and employers. New Jersey courts take allegations of domestic violence very seriously and have established protocols in place to protect victims.

In order for an act to be considered a domestic violence offense the incident must be committed against an individual designated under the law as a protected person. Generally it is assumed that domestic incidents occur between husband and wife. While this may often be the case, there are other situations and relationships that can qualify for protection under the law. In order for an individual to obtain court ordered protection from acts of domestic violence, the violent act must have occurred between two people who have or have had one of the following relationships:

• Current or former spouse
• Current or former roommate
• Current or former girlfriend or boyfriend
• Two people who share a child, whether born or in utero
• Current or former living companion

The most common domestic violence offenses alleged to have occurred include assault, terroristic threats, criminal trespass, harassment, criminal restraint and stalking. When an incident is found to have occurred or there is significant reason to believe that it has occurred, Judges have the authority to enter a restraining order. Such an order can provide various form of relief on an interim or permanent basis such as:

• Prohibiting the defendant from returning to the residence of the victim
• Prohibiting the defendant from going to the victim’s place of employment
• Prohibiting the defendant from returning to the scene of the domestic violence
• Prohibiting the defendant any type of contact or communication with the victim (verbal, written, telephonic, text, email or on any form of social media)
• Prohibiting the defendant from any form of contact or communication with any other individuals named by the victim on such a restraining order
• Prohibiting the defendant from possessing any firearms or other weapons
• Awarding the victim custody of the children
• Ordering the defendant to pay the victim support and/or child support
• Ordering a search for weapons at any appropriate location
• Ordering the defendant to attend professional counseling
• Ordering that the victim shall have use and possession of the home

When a complaint alleging domestic violence is filed with the Court a Judge will enter a temporary restraining order if there is reason to believe the offense was committed. Approximately ten to fourteen days after the issuance of the temporary restraining order a hearing will be scheduled in Superior Court. At this hearing testimony will be taken from witnesses and the proceeding will conclude with the Judge issuing a determination as to whether or not a permanent or final restraining order is to be entered. At the hearing the Court will decide if the allegation of domestic violence has been proven by a preponderance of the evidence. In doing so, the Court is to consider, but not be limited to, the following factors:

• Any prior history of domestic violence between the parties, including threats, harassment or physical abuse
• The existence of an immediate danger to the person or property
• What serves the best interest of the victim or any child
• If there is to be a determination concerning custody and parenting time, there is to be consideration for the protection of the victim.

Both the defendant and the plaintiff have the right to have an attorney represent them during this hearing. A restraining order might be necessary for the plaintiff’s protection and that of their children.

With regards to the defendant, having a final restraining order entered against an individual means that he or she will be fingerprinted and have a record of committing an act of Domestic Violence. This could affect certain professional licenses, employment and prospects for future employment.

Lindabury’s Family Law Group has decades of experience representing clients in pursing and defending allegations of domestic violence. We provide the full range of divorce and family law services and are easily accessible from our Westfield New Jersey office. Call today to schedule a consultation with James McGlew at (908) 897-0055.