In 1982, the Prevention of Domestic Violence Act, codified at N.J.S.A. 2C:25-17, et seq. was enacted to address domestic abuse and provide civil remedies for victims in the form of a restraining order. The Domestic Violence Act addresses the definition of domestic violence, who is a protected party (meaning who can receive a restraining order), how to obtain a restraining order (including the relief a court may grant in a restraining order), and the consequences should a party fail to abide by the restraining order.

The Act specifies that domestic violence is the occurrence of one or more of the following:

In order to file for a restraining order, the plaintiff has to have a certain relationship with the defendant. A protected person under the Domestic Violence Act is someone who is at least eighteen years old or who is an emancipated minor. The protected person must have been subjected to domestic abuse by a spouse, former spouse or any present or former household member. A protected party can be of any age if that person has a child in common with the abuser or anticipates having a child in common if one of the parties is pregnant. A victim of domestic violence in a dating relationship may also seek a restraining order.

There are two steps in obtaining a restraining order.

Complaint - First, victims may file a complaint with the Family Part of the Chancery Division of the Superior Court during weekdays and normal courthouse hours. On the weekends, holidays, evenings or other times that the courthouse is not open, a victim may seek protection through a Municipal Court Judge. At this stage, the court may enter an ex parte Temporary Restraining Order (TRO) in favor of the victim if the judge determines that an imminent danger of domestic violence exists. Ex parte means that the court may enter an order based upon the victim's sworn testimony alone. The complainant may provide testimony via telephone or other means of electronic communication pursuant to R. 5:7A.

This type of order may provide the following relief:

The TRO will immediately be sent to the law enforcement agency for service upon the defendant and to the police in the municipality where the defendant lives. According to N.J.S.A. 2C:25- 28(i), the defendant may immediately appeal the order for a plenary hearing de novo (anew) not on the record before any Family Part judge in the County which the Plaintiff resides or is sheltered, provided that judge issued the temporary or can access the reasons for the temporary issuance of the temporary order and the defendant sets forth in the record those reasons for the modification or dissolution. This Order will remain in effect until a judge of the Family Part issues a further order.

Domestic Violence Hearing - Within ten days of filing the Complaint, the court shall conduct a domestic violence hearing in which both plaintiff and defendant are permitted to testify and provide witnesses to determine whether a final order shall be entered.

According to N.J.S.A. 2C:25-29(b) the final order may include the following relief:

If the court after a hearing finds that the defendant committed an act of domestic violence, a civil penalty shall be ordered against the defendant between $50 and $500 and submitted to the Domestic Violence Victims' Fund. Unlike a criminal trial, the plaintiff needs to prove the case by a preponderance by the evidence, a lesser standard than beyond a reasonable doubt. If a law enforcement officer finds probable cause that a defendant has violated a restraining order, the defendant shall be arrested without a warrant.

Alternatively, a protected party may file a complaint alleging that the defendant has violated the order. The court shall conduct a hearing to determine whether the defendant has violated the order. According to N.J.S.A. 2C:44-1(b), the Court may impose jail time for a first contempt offense if aggravating circumstances outweigh mitigating circumstances. If a person is convicted of a second or subsequent non-indictable domestic violence contempt offense, the defendant shall serve a minimum term of not less than 30 days.