What is a Domestic Violence Restraining Order of Protection

A domestic violence restraining order of protection is an instant but temporary court order designed to keep a victim of domestic violence safe until an official court hearing finalizes the original restraining order. A superior Court hearing will be appointed within 10 days of original domestic complaint.

A superior Court judge analyzes the evidence and determines if the restraining order of protection becomes final or permanent. If determined to be final or permanent in the state of New Jersey the final restraining order will last until further court order is requested by the victim to have it adjusted or dropped.

To file a domestic violence restraining order of protection, go to a local municipality or police station and tell them you require a restraining order. If the superior court is closed a municipal court judge will issue a temporary Restraining order of protection 24 hours a day 365 days a year.

The Prevention of Domestic Violence Act (PDVA) was created to protect any person over the age of 18, spouse, former spouse, any present or former members of a household, any person of any age with whom the victim is pregnant or has a child in common with, any person whom has a dating relationship with the victim and any person whom is the immediate family of the victim who have been subject to domestic violence are protected by the Prevention of Domestic Violence Act (PDVA).

Support available under the New Jersey Prevention of Domestic Violence Act (PDVA) is as follows.

The restraining order of protection forbids the batterer to have any contact written or otherwise with you, friends, relatives, anyone at your home, workplace, school and all other locations.

The possession of your home you currently share, even if the batterer owns it or are solely on the lease can be given exclusively to you. The batterer will be forbidden from entering and living at the home and can also be ordered to pay rent, mortgage, utilities and household expenses.

The act provides temporary custody of the children to the non-violent parent. If the victim needs to leave home without a restraining order of protection, the children should not be left with the batterer.

A judge will decide visitation arrangements for the batterer if the children are not in danger. Curbside drop off and pick up can be arranged at a third party location that is neutral to both the victim and the batterer or the judge can order supervised visitation parenting time if the children's safety is undetermined.

If it is thought the children will not be safe visiting with the batterer, notify the judge and a domestic violence risk assessment can be ordered to analyze a potential risk of harm to the children.

Make sure the visitation order is safe and satisfactory to you and the children, if problems arise during scheduled visitation call the police or 911, for immediate help and inform them you have a domestic violence restraining order of protection.

Economic support is also available to you and your children. Bring any financial records such as paystubs, rent receipts, mortgage tickets, car payments, tax returns, to the final restraining order hearing to show the judge the income and expenses for you, the children and the batterer.

Asking the judge for emergency support from the batterer for food, shelter or other expenses is recommended if you have been financially dependent on the batterer and have no income of your own.

Money damages compensation can be issued to you by a judge ordering the batterer to pay any incurred expenses because of domestic violence such as property damage, medical expenses, moving expenses, lawyer's fees, unpaid hours lost at work and counseling expenses that are the direct result of domestic violence.

Counseling can be made mandatory for the batterer, a judge can order the batterer to participate in an intervention program or a substance abuse program that will have to notify the court of the batterers participation or lack there of in the program which if unsatisfied can revoke all visitation with the children until further court order.

Personal property such as checkbooks, automobile, health insurance identification and any other items you require that you do not have in your possession may be requested from you to the judge for an order to return it to your possession.

Feel free to ask the judge for any other assistance or relief you feel entitled to or necessary arrangements you require to prevent further domestic violence.

When a domestic violence restraining order of protection is obtained you should carry it with you at all times and if you relocate to a new address file a copy of your restraining order of protection with the local police and municipal court.

If you have children attending daycare, public/private school, sports, etc, supply a file copy to notify them of the situation as well.

If at any time you feel that you or your children or other family members are unsafe, threatened and in danger, call the police or 911 and have an officer dispatched to your immediate location.

Domestic violence is a crime and a domestic violence restraining order of protection will protect you and the children to keep you safe; the first step to freedom is courage.

Article Resources

New Jersey Coalition for Battered Women

Legal Services of New Jersey