The New Jersey Prevention of Domestic Violence Act was enacted by the Legislature of the State of New Jersey to protect those individuals “regularly beaten, tortured and in some cases even killed by their spouse or cohabitant.”  

A domestic violence proceeding is considered “quasi-criminal”, as the acts that constitute domestic violence are criminal in nature and include the following:

• Homicide
  
• Assault
• Terroristic Threats
• Kidnapping
• Criminal Restraint
• False Imprisonment
• Sexual Assault
• Criminal Sexual Contact
• Lewdness
• Criminal Mischief
• Burglary
• Criminal Trespass
• Harassment
• Stalking

While the individual acts of domestic violence are defined by the criminal code, the hearing on the issue takes place in the Chancery Division, Family Part, making the proceeding civil in nature and, as such, there is a lower burden of proof to prove that an act of domestic violence occurred.  

Once a Temporary Restraining Order is issued by the Court, the matter is required to be heard within ten (10) days.  Thus, there is little time for preparation  for the final hearing or discovery to be obtained.  Despite the quick turn around time, the implications of a Final Restraining Order can be far reaching, especially in the case of a divorce or where there are issues of custody.

In the event of a Final Restraining Order is entered, the Court has the discretion to make decisions with regard to custody, parenting time, child support, alimony and counsel fees.  The Court is also required to Order certain monetary sanctions against the defendant.  It is also important to be aware that if the defendant contacts the plaintiff after a Final Restraining Order is entered, it is a criminal offense punishable by a mandatory probation term.  A second violation is punishable by a mandatory jail term.