Legal Help for Domestic Violence Survivors in New Jersey

Domestic violence can devastate survivors and their families, creating a ripple effect that impacts every aspect of their lives. In New Jersey, legal protections are available to help survivors secure their safety and rebuild their lives. If you or someone you know is experiencing domestic violence, understanding the legal options available, including restraining orders and emergency custody orders, can be a crucial step toward ensuring your safety and, if applicable, that of your children.

In this article, we’ll examine some of the most important legal remedies available to domestic violence survivors in New Jersey. Our goal is to empower survivors with information and encourage them to seek the legal support they need.

Understanding Domestic Violence Under New Jersey Law

The Prevention of Domestic Violence Act (PDVA) is the cornerstone of New Jersey's legal framework for protecting survivors. This law provides a robust set of protections, including restraining orders and other legal remedies. It defines domestic violence as the commission of certain enumerated crimes—as well as any other crime that involves a risk of death or serious bodily injury—in the context of specific domestic relationships.[1]

Who can be a victim of domestic violence?

Under New Jersey law, victims of domestic violence include

• People who are 18 years of age or older or emancipated minors who have been subjected to domestic violence by a spouse, former spouse, or any other person who is or has been a member of their household
• Any person, regardless of age, who has been subjected to domestic violence by a person with whom they have or anticipate having a child in common (if one of the parties is pregnant)
• Anyone who has been subjected to domestic violence by a person with whom the victim has had a dating relationship

While this definition excludes people under 18 in many circumstances, other criminal laws, such as those covering child abuse and neglect, apply to perpetrators of violence against children.

What kinds of crimes constitute domestic violence?

Domestic abuse can take many forms, including physical, emotional, psychological, and financial abuse. Examples of crimes that are considered domestic violence when committed in the context of the relationships described above include

• Stalking
• Harassment (including cyber harassment)
• Criminal Mischief
• Criminal Trespass
• Terroristic Threats
• Assault
• Sexual assault or criminal sexual contact
• Lewdness (defined, in part, as “a flagrantly lewd and offensive act” that the perpetrator “knows or reasonably expects is likely to be observed by other nonconsenting persons who would be affronted or alarmed”)
• Robbery or burglary
• False Imprisonment
• Kidnapping
• Criminal restraint or coercion[1]
• Contempt
• Homicide

This is not a complete list. However, it illustrates that many of the varied ways in which perpetrators seek to intimidate and control domestic partners are covered by New Jersey’s domestic violence law.

Obtaining a Restraining Order

A restraining order is a legal tool that’s designed to protect survivors from further harm by legally restricting an abuser's actions. New Jersey law provides for two main types of restraining orders: temporary restraining orders (TROs) and final restraining orders (FROs).

How does a temporary restraining order work?

A TRO provides immediate, short-term protection for domestic violence survivors. To obtain a TRO, you can call or visit the Family Division of the Superior Court in your area. At times when the court is closed, your local police department can assist you in obtaining a TRO. At any time during this process, you can request to speak with a domestic violence advocate, who can help you with the court process and safety planning.

If you apply at the courthouse, a staff person will assist you in filling out the paperwork, and then you’ll go before a hearing officer or judge who will decide whether to grant the TRO. The other party will not be present at this hearing. If you apply through the police department, they will contact a judge on your behalf. If the TRO is issued, you’ll receive a copy, and the police will serve a copy on the other party.

It is important to note, the person MUST be served with the TRO for it to be enforced.

Within ten days of issuance of the TRO, another hearing will be scheduled to determine whether a FRO is appropriate. At this hearing, both parties will have an opportunity to present evidence.[1] Legal representation can help ensure you’re able to present the strongest possible case at this hearing, giving you the best chance of a successful outcome. If you lack the resources to hire an attorney, you can seek assistance through Legal Services of New Jersey.

An FRO provides long-term protection, remaining in effect permanently unless it’s modified or dismissed by the court. An FRO may also address issues such as child custody, support, and visitation. It can also require the other party to forfeit firearms and/or attend counseling.

Emergency Custody Orders

New Jersey courts recognize the urgency of protecting children in abusive environments, and emergency custody orders can provide immediate protection. This is another type of temporary order that lasts until the issuance of a final custody order.

The court may grant emergency custody when there is evidence that a child is at immediate risk of harm. Examples include evidence of physical abuse, severe neglect, abduction risk, or the incapacity of the other parent due to issues such as mental illness or substance abuse. Emergency custody will be granted only if the court finds this is the only way to prevent immediate harm to the child. An attorney can help you gather the evidence you will need to demonstrate this need.

Support for Domestic Violence Survivors

Survivors of domestic violence need more than legal remedies. Emotional and logistical support can be just as critical. New Jersey’s Division on Women funds programs in the state that provide direct support to survivors of domestic violence. These programs can assist with a wide variety of needs, including housing, food, clothing, transportation, advocacy, counseling, and more. You can find a list of these programs on the New Jersey Department of Children and Families website.

Why Legal Representation Matters

Surviving domestic violence takes immense courage, and seeking legal help is a powerful step toward reclaiming your life. While survivors can pursue legal relief on their own, the aid of a knowledgeable attorney can make the process smoother and less stressful while providing a better opportunity for success. An experienced domestic violence attorney can help gather and present evidence to strengthen your case, represent you in court to ensure your rights are protected, and advocate for the best possible outcomes in custody and support arrangements.

[1] NJ Rev Stat § 2C:25-19 (2023).

[2] Domestic Violence. State of NJ Department of Law & Public Safety, Office of the Attorney General. Published June 28, 2018. Accessed November 15, 2024. https://www.nj.gov/njsp/division/operations/domestic-violence-info.shtml.

[3] Domestic Violence. Legal Services of New Jersey. Published July 16, 2021. Accessed November 15, 2024. https://proxy.lsnj.org/rcenter/GetPublicDocument/Sites/LAW/Documents/Publications/Manuals/DV.pdf.