in the
Jewish Community
Domestic Violence Law
This law applies to anyone over the age of 18, or an emancipated minor, subjected to abuse by present or former spouse, a present (sometimes also a former) dating partner, a present or former household member or someone with whom you have a child. In all circumstances, the abuser must be either over the age of 18 or an emancipated minor. If this is not so in your case, you must file a complaint with the proper juvenile court.
A victim of domestic violence in New Jersey can obtain a restraining order against their abuser.
Although the restraining order is a civil order, and does not give the abuser a criminal record, the abuser will be charged criminally for violating that order. A violation occurs whenever the abuser goes against any provision of that order. If this happens, the victim has the right to call the police. The police must respond and must arrest if they have probable cause that a violation occurred.
The restraining order may also provide some temporary economic relief (such as support payments, rent/mortgage payments, health insurance, etc.) and may also address custody issues on a temporary basis. Victims may also be granted temporary possession of the residence if the residence is shared. Remember, however, that these types of relief are only temporary and can be altered by another court order. Both the victim and the abuser have the right to petition the court for modification.
If it is after normal business hours, a holiday or a weekend, you can go to your local police station. The officers there also have the necessary paperwork and can help you fill them out. The officers will contact the municipal judge.
In all cases, the judge must hear testimony directly from you about what happened. This either happens face-to-face or over the telephone in the case of many municipal judges.
In order for the judge to grant your restraining order under the law, they need to look at three things.
(1) that you are considered a "victim" under the law (see above for description),
(2) that an incident of domestic violence took place, and
(3) 6 "non-exclusive" factors, such as the past history between the parties, the
existence of other restraining orders, the safety and welfare of the victim and any
children involved, and the financial circumstances of the parties.
(1) homicide (8) criminal sexual conduct
(2) assault (9) lewdness
(3) terroristic threats (10) criminal mischief
(4) kidnapping (11) burglary
(5) criminal restraint (12) criminal trespass
(6) false imprisonment (13) harassment
(7) sexual assault (14) stalking
Some examples of these crimes include:
beatings or physical attacks
kicking, slapping, punching or hair pulling
threats that make you fear serious injury to yourself or your children
threats that make you fear for your life
imprisoment within your own home, in a room in your home, or at another
location
forced sexual contact or rape under threats of harm
embarassment or alarm because of lewd or shocking behavior
damage to your personal property
forced entry into your home, with or without a weapon
threats with a weapon
repeated verbal humiliation and attacks
the abuser taking telephones and/or car keys when they leave
Please see the "Power and Control Wheel" for more examples of acts that can constitute domestic violence.
and Equality Wheel
