Over the past several years domestic abuse and violence has increased dramatically causing breakdowns in marital unions and relationships.  In the 1980s, the legislature of New Jersey enacted the Prevention of Domestic Violence Act, established within N.J.S.A. 2C:25-17, et seq. The Act provides for the essential protection and relief for victims of domestic violence in an effort to combat against the rise in the number of domestic abuse and violence cases as well as provide for the necessary deterrence to prevent such acts from occurring. The following post will provide information for victims of domestic abuse in regards to their rights under the Act and the process by which to obtain a temporary restraining order and obtain a final restraining order.

It is crucial that a victim of domestic abuse understand his or her rights and further pursue action to prevent such conduct from an aggressor to continue.  Domestic violence occurs from acts of an aggressor upon a person protected under the Act. Such offenses may include the following: homicide, assault, terroristic threats, kidnapping, criminal restraint, sexual assault, criminal trespass, harassment, and stalking. To seek proper relief in the form of a final restraining order from the Court under the Prevention of Domestic Violence Act pursuant to N.J.S.A. 2C:25-17, et seq., a person must be one who is within the protected class under the Act. A relationship must exist between the offender and the victim to be within the protected class under the Act. The protected class under the Act consists of individuals who are an emancipated minor or at 18 years of age. An individual must be subject to domestic offenses from a spouse, an ex-spouse, or a past or present household member. Furthermore, an individual is part of the a protected class under the Act notwithstanding their age if the individual who is subjected to domestic offenses has a child, is pregnant, or is expecting to have a child. In addition, an individual whom is in a dating relationship and is subjected to domestic offenses may seek relief under the Act.

Should you be an individual of a protective class within the meaning of the Prevention of Domestic Violence Act pursuant to N.J.S.A. 2C:25-17, et seq. and have been a victim of domestic violence, you may seek a temporary restraining order by filing a complaint against the offender within the Superior Court, Family Division, of your county. If the transgression occurred during a time in which the Superior Court is you may seek immediate assistance from your local police department. After the temporary restraining order is entered, the Superior Court will schedule a final restraining order hearing within 20 days. Each party will have the opportunity to present their case in the form of testimony and evidence to the Superior Court Judge for final decision. The Superior Court Judge has discretion pursuant to N.J.S.A. 2C:25-29(b) to order relief in the form of restraining contact, monetary compensation, temporal custody of children, and a whole host of other relief.

If you have been experiencing troubles within your relationship resulting from certain offenses constituting domestic abuse or violence, it is important to pursue action as to stop such conduct from occurring again. If you need the assistance of counsel, it is important that you call and schedule a consultation with a New Jersey Domestic Violence Attorney to properly guide and represent you in your matter.