New Jersey Section 2C:25-29 – Hearing procedure; relief

New Jersey has strong laws in place to protect victims of domestic violence and provide them with legal remedies. One of the key statutes is Section 2C:25-29, which outlines the procedures for domestic violence restraining order hearings and the types of relief a judge can order. This article will provide an overview of the law for lawyers and their clients.

Restraining Order Hearing Procedure

There are specific procedural requirements for the hearing[2]:

• It must be held in the county where the TRO was issued unless there is good cause to hold it elsewhere. This allows victims to attend safely.
• The defendant must be served a copy of the complaint beforehand per court rules. This ensures proper notice.
• If a related criminal case is pending, testimony from the FRO hearing cannot be used against the defendant in the criminal case. There are exceptions for domestic violence contempt.
• Courts cannot dismiss a case or delay disposition just because the victim left the relationship or home. This prevents abusers from intimidating victims into dropping the case.
• Victims can file where the violence occurred, where the defendant lives, or where the victim lives or is sheltered. This provides flexibility for victims.

The burden of proof at the hearing is a preponderance of the evidence, lower than the beyond a reasonable doubt standard used in criminal cases[4]. This makes it easier for victims to obtain protection.

Relief Available in Final Restraining Orders

Section 2C:25-29(b) allows courts to order any necessary relief to prevent further abuse[1]. Common remedies include[2][3]:

• No Contact: Defendant cannot have any contact with the victim, including in person, by phone, email, social media, through others, etc.
• Exclusive Possession of Home: Defendant is excluded from the residence and victim has exclusive possession, regardless of ownership.
• Counseling: Defendant may be ordered to attend professional counseling, such as a batterers intervention program.
• Weapons Restrictions: Defendant may be prohibited from possessing firearms or other weapons. Their existing weapons can be seized by law enforcement.
• Temporary Custody: Victim may get temporary custody of children and temporary parenting time procedures.
• Child/Spousal Support: Defendant may have to provide financial support.
• Restitution: Defendant may have to pay for losses suffered by victim due to violence, like medical bills, damaged property, moving expenses, etc.
• Monitoring: Defendant may be ordered to report for monitoring by probation.

Judges have wide discretion to order terms that will protect the victim and prevent future abuse based on the circumstances. The order is effective for life unless dissolved by a judge[5].

Modifying or Dissolving a Final Restraining Order

Under 2C:25-29(d), a final restraining order can only be modified or dissolved by the same judge who entered it or a judge with access to a complete record of the hearings[4]. This prevents “judge shopping” by abusers.

Courts typically will not dissolve a final order unless the defendant proves they have complied with all its terms and that adequate protections are in place to prevent future abuse if lifted[4][5]. This high standard ensures victims remain safe.