Filing Domestic Violence Complaints in New Jersey Family Court: A Guide for Victims

Filing a Complaint and Obtaining a Temporary Restraining Order

Here is the general process for a domestic violence victim to file for and receive a temporary restraining order in New Jersey:

• File a complaint – A victim can file a complaint at the Family Part of Superior Court in their county. Complaint forms are available at court clerk offices, police stations, and online. Courts can provide assistance completing the forms if needed.
• Court reviews complaint – The judge reviews the complaint and may ask the victim questions. If an immediate danger is shown, the judge can issue a temporary restraining order right away.
• Temporary restraining order – This is an emergency order designed to protect the victim from further abuse. It can forbid contact from the abuser, grant temporary custody of children, require the abuser to leave the home, and more.
• Service of the order – The order must be served on (delivered to) the defendant by law enforcement. This gives them official notice of the restrictions.
• Final restraining order hearing – Within 10 days, a hearing is held where the judge hears from both parties and determines if a final order should be issued.

Final Restraining Order Hearings in Family Court

The final restraining order hearing is a critical step for victims seeking long-term protection from abuse. Here is how the process works:

• Burden of proof – The victim must show a “preponderance of the evidence” of domestic violence. This means it is more likely than not that abuse occurred.
• Evidence considered – This can include testimony from the victim, police reports, medical records, witness statements, photos, and more. Hearsay evidence may also be permitted.
• Defendant can respond – The accused abuser can present their side of the story and evidence contradicting the allegations. But victims do not need hard proof like with criminal cases.
• Judge decides – If the victim proves their case, the judge will issue a final restraining order typically lasting a year or more. This prohibits contact and abuse and may require counseling.
• Consequences for violations – Violating the restraining order is a criminal offense that can result in fines or jail time. Only a judge can modify or dismiss the order.

Safety Planning and Other Resources

Restraining orders can provide vital legal protection, but developing a comprehensive safety plan is also critical for domestic abuse victims. This may involve relocating, changing locks, creating signal systems with neighbors, packing an emergency bag, and identifying safe areas in the home. Experts also recommend:

• Telling trusted friends and family about the situation in case emergency help/shelter is needed.
• Memorizing important phone numbers including police, hotlines, shelters, and others who can help.
• Establishing an escape route and stashing money, copies of keys and documents, and other essentials.

Many domestic violence agencies also offer counseling, support groups, emergency housing assistance, and other resources. While the legal process is challenging, survivors don’t have to go through it alone.