A domestic violence matter The life of a domestic violence matter in New Jersey, step by step: every station, its clock, and the Rule of Court behind it

The line at a glance

Every stop the paper makes, in order. Tap a stop to jump to it.

1. DV1Ask for a temporary restraining orderDay 0; the order can issue the same day, without the other side present
   1. If there was an arrest: K1 to K2, then back at DV3.
   2. K1The arrest becomes a criminal complaintAt the police station, immediately after the arrest
   3. K2First appearance on the criminal chargeWithin 48 hours if held in jail; within 60 days if released on a summons
2. DV2Nights and weekends: by telephone, or a municipal court judgeAny hour; the written confirmatory order follows at once
3. DV3The final hearingWithin 10 days of the application, in the county that ordered the temporary restraints
4. DV4The final restraining order, or noneAt the close of the final hearing

Stop by stop

1. DV1 Ask for a temporary restraining order

   Clock: Day 0; the order can issue the same day, without the other side present

   You go before a judge or a domestic violence hearing officer and tell what happened, on the record or in a sworn complaint. If it appears you are in danger of domestic violence, the judge must order a temporary restraining order; it can issue ex parte, meaning the other person is not there and is not told first. File in the county where either of you lives, where it happened, or where you are sheltered. To qualify you must be a victim of domestic violence as the statute defines it.

   What the rule says 3 sources

   “an applicant for a temporary restraining order shall appear before a judge or a domestic violence hearing officer to personally testify on the record or by sworn complaint submitted pursuant to N.J.S.A. 2C:25-28. If it appears that the applicant is in danger of domestic violence, the judge shall, upon consideration of the applicant’s domestic violence affidavit, complaint or testimony, order emergency relief, including ex parte relief, in the nature of a temporary restraining order as authorized by N.J.S.A. 2C:25-17 et seq.”

   R. 5:7A(c) · as code

   “the judge shall issue a temporary restraining order when the applicant appears to be in danger of domestic violence. The order may be issued ex parte when necessary to protect the life, health, or well-being of a victim on whose behalf the relief is sought.”

   R. 5:7A(a) · as code

   “Venue in domestic violence actions shall be laid in the county where either of the parties resides, in the county where the domestic violence offense took place, or in the county where the victim of domestic violence is sheltered.”

   R. 5:7A(b) · as code

   Fork. If there was an arrest, the paper leaves the main line here for K1 and comes back at DV3.

2. DV2 Nights and weekends: by telephone, or a municipal court judge

   Clock: Any hour; the written confirmatory order follows at once

   When the courthouse is closed, a judge can take your sworn testimony over the telephone or by other electronic means and issue the order without you being there in person. The officer helping you writes the judge's authorization on a duplicate original temporary restraining order, or the municipal court judge prepares it electronically. It counts as a temporary restraining order. The judge then signs a written confirmatory order with the exact time.

   What the rule says 3 sources

   “A judge may issue a temporary restraining order upon sworn oral testimony of an applicant who is not physically present. Such sworn oral testimony may be communicated to the judge by telephone, radio or other means of electronic communication.”

   R. 5:7A(d) · as code

   “A temporary restraining order may issue if the judge is satisfied that exigent circumstances exist sufficient to excuse the failure of the applicant to appear personally and that sufficient grounds for granting the application have been shown. Upon issuance of the temporary restraining order, the judge shall memorialize the specific terms of the order and shall direct the law enforcement officer assisting the applicant to enter the judge’s authorization verbatim on a form, or other appropriate paper, designated the duplicate original temporary restraining order. This order shall be deemed a temporary restraining order for the purpose of N.J.S.A. 2C:25-28.”

   R. 5:7A(d) · as code

   “In vicinages where an approved form of electronic temporary restraining order is utilized and prepared electronically by the municipal court judge on a notebook computer or other device, the temporary restraining order may be transmitted electronically without need for a duplicate written order.”

   R. 5:7A(d) · as code

3. Side rail. If there was an arrest: K1 to K2, off the main line at DV1.

   1. K1 The arrest becomes a criminal complaint

      Clock: At the police station, immediately after the arrest

      If the police arrested the other person for an act that is an offense under the Act, a criminal complaint is prepared at the station right away, on a complaint-summons or a complaint-warrant. That is a separate case from your restraining order, brought by the State, and it runs on its own line.

      What the rule says 2 sources

      “Whenever a law enforcement officer has effected an arrest for a criminal complaint brought for a violation otherwise defined as an offense under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., a complaint shall be issued pursuant to the procedure described in R. 3:4-1.”

      R. 5:7A(f) · as code

      “A law enforcement officer shall take a person who was arrested without a warrant to a police station where a complaint shall be prepared immediately.”

      R. 3:4-1(a) · as code

   2. K2 First appearance on the criminal charge

      Clock: Within 48 hours if held in jail; within 60 days if released on a summons

      The defendant is brought before a judge. If held in the county jail, within 48 hours; if released on a complaint-summons, within 60 days. Conditions of release are set there. A charge pending in municipal court that arises out of a family relationship can be moved to the Family Part, where the restraining order case is.

      What the rule says 3 sources

      “If the defendant remains in custody and the prosecutor has not filed a motion for pretrial detention, the first appearance shall occur within 48 hours of a defendant’s commitment to the county jail, and shall be before a judge with authority to set conditions of release for the offenses charged.”

      R. 3:4-2(a) · as code

      “If a defendant is released on a complaint-summons, the first appearance shall be held no more than 60 days after the issuance of the complaint-summons or the defendant's arrest.”

      R. 3:4-2(a) · as code

      “Any non-indictable offense or violation pending in the municipal court and any indictable offense within the trial jurisdiction of the municipal court may be transferred for trial and disposition to the Family Part pursuant to R. 5:1-3(b) provided that the gravamen of the offense or violation arises out of a family or family-type relationship between the defendant and a victim.”

      R. 5:1-2(c) · as code

   Rejoins. Back on the main line at DV3.

4. DV3 The final hearing

   Clock: Within 10 days of the application, in the county that ordered the temporary restraints

   The hearing for a final restraining order is in the Superior Court, Chancery Division, Family Part, within ten days of the application, in the county where the temporary order was issued unless there is good cause to hold it elsewhere. Both sides are heard.

   What the rule says 3 sources

   “A hearing for a final restraining order shall be held in the Superior Court within 10 days of the filing of an application.”

   R. 5:7A(e) · as code

   “The final hearing is to be held in the county where the ex parte restraints were ordered, unless good cause is shown for the hearing to be held elsewhere.”

   R. 5:7A(b) · as code

   “All actions in which the principal claim is unique to and arises out of a family or family-type relationship, including palimony actions, shall be filed and heard in the Chancery Division, Family Part.”

   R. 5:1-2(a) · as code

5. DV4 The final restraining order, or none

   Clock: At the close of the final hearing

   A final restraining order issues only if the judge makes a specific finding of domestic violence, or the defendant admits on the record to an act of domestic violence as the statute defines it. Without that finding there is no final order.

   What the rule says

   “A final order restraining a defendant shall be issued only on a specific finding of domestic violence or on a stipulation by a defendant to the commission of an act or acts of domestic violence as defined by the statute.”

   R. 5:7A(e) · as code