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In 1991, in response to a growing number of domestic violence cases the New Jersey legislative enacted The Prevention of Violence Act. Through the Act, the state sought to protect its most vulnerable citizens, including women, the elderly and the disabled. The Act was also in response to the disparity in the judicial enforcement existing domestic violence laws received, resulting in varying outcomes depending on the context of the violence (and unfortunately, the societal beliefs of police officers and judges). Because of this disparity, victims too often did not receive the full judicial protection the original laws meant to confer. New Jersey soon realized that a major problem surrounding these earlier laws was the inadequate training of enforcement officers and judicial personnel, and without efficient enforcement, these laws were basically ineffectual.
To address these problems, the Act provides two avenues of relief for victims of domestic abuse: civil relief — in the form of restraining orders — and criminal relief, where victims can file complaints against their abusers. Through the Act, New Jersey seeks to ensure that domestic violence complaints are given thorough attention by trained law enforcement officers to fully protect victims, no matter the victims' socioeconomic backgrounds.
Requests for temporary or permanent restraining orders can be heard by New Jersey's Superior Court, Chancery Division, Family Part. For temporary restraining orders (TROs), victims can approach the court during regular hours (8:30 am through 3:30 pm) — TROs may be granted either by a Superior Court Judge or a Domestic Violence Hearing Officer, depending on the county. After 3:30 pm or on weekends, victims may seek TROs from a Municipal Court Judge. In order to receive a permanent restraining order, a hearing must be scheduled with a Superior Court Judge within 10 days after a TRO has been entered. Only a Superior Court Judge can grant a permanent restraining order.
For the purpose of the Act, domestic violence victims are men or women 18 years of age or older — or emancipated minors — who have been subjected to domestic violence by a spouse, a former spouse, or any other person who is a present or former household member. Alternatively, a domestic violence victim is defined as any person, regardless of age, who has been subjected to domestic violence by someone:
1. with whom the victim has had a child in common, or
2. with whom the victim has had a dating relationship
While a victim may be below the age of 18, for the purposes of the Act a domestic violence assailant must be over the age of 18 or emancipated at the time of the offense. If a defendant violates a restraining order, he or she may face civil and/or criminal contempt. A second conviction for a non-indictable contempt may result in a mandatory 30-day incarceration.
Victims may also pursue criminal complaints against their abusers in Municipal Court. Criminal offenses under the Act include homicide, terroristic threats, criminal restraint, sexual assault, criminal sexual contact, burglary, harassment, assault, kidnapping, false imprisonment, lewdness, criminal mischief, criminal trespass, and stalking.
The Act provides many possible reliefs for victims, such as exclusive possession of their residences, temporary custody of their children, visitation limitations, punitive damages, medical coverage, and ongoing support. Possible prohibitions against the defendants include prohibition from the following:
- returning to the scene of the violence or from any locations where the victims live or work
- future violent acts
- stalking
- future contacts in any form
Defendants may also be ordered to take psychiatric evaluation tests and provide monetary relief.
Domestic violence victims who reside in New Jersey and have restraining orders do not have to take further steps for protection if the orders are valid; police officers are required to enforce the orders. Victims with out-of-state restraining orders, however, must have those orders recognized by the Superior Court, or they can choose to pursue a New Jersey restraining order.