Domestic
Violence
The Three Most-Frequently
Asked Questions About Domestic Violence
- What Is Domestic
Violence?
- Who Can File A Complaint For
Domestic Violence?
- What Relief Can I Get When I
File A Complaint For Domestic Violence?
1.
What Is Domestic Violence?
Domestic violence is the occurrence of one or
more of the following criminal offenses upon a person protected under the Prevention of
Domestic Violence Act:
| Homicide |
N.J.S.A. 2C:11-1 |
|
Assault |
N.J.S.A. 2C:12-1 |
| Terroristic Threats |
N.J.S.A. 2C:12-3 |
|
Kidnapping |
N.J.S.A. 2C:13-1 |
| Criminal Restraint |
N.J.S.A. 2C:13-2 |
|
False Imprisonment |
N.J.S.A. 2C:13-3 |
| Sexual Assault |
N.J.S.A. 2C:14-2 |
|
Lewdness |
N.J.S.A. 2C:14-4 |
| Criminal Sexual Contact |
N.J.S.A. 2C:14-3 |
|
Criminal Mischief |
N.J.S.A. 2C:17-3 |
| Burglary |
N.J.S.A. 2C:18-2 |
|
Criminal Trespass |
N.J.S.A. 2C:18-3 |
| Harassment |
N.J.S.A. 2C:33-4 |
|
Stalking |
N.J.S.A. 2C:12-10 |
Domestic violence does not require that
the victim be struck or hit. Harassment is the offense most commonly charged by
victims. Harassment is defined in N.J.S.A. 2C:33-4 as follows:
...a person commits a petty disorderly persons
offense if, with purpose to harass another, he:
| a. |
Makes, or causes to be made, a
communication or communications anonymously or at extremely inconvenient hours, or in
offensively coarse language, or any other manner likely to cause annoyance or alarm;
|
| b. |
Subjects another to striking,
kicking, shoving, or other offensive touching, or threatens to do so; or |
| c. |
Engages in any other course of
alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy
such other person. |
Stalking is another enumerated offense
which does not require that the victim be struck or hit. Stalking is defined in N.J.S.A.
2C:12-10b as follows:
A person is guilty of stalking, a crime of the
fourth degree, if he purposely and repeatedly follows another person and engages in a
course of conduct or makes a credible threat with the intent of annoying or placing that
person in reasonable fear of death or bodily injury.
2. Who Can
File A Complaint For Domestic Violence?
In order to file a Complaint for Domestic
Violence, you must either be:
- A person who is 18 years of age or older, or an
emancipated minor, who has been subjected to domestic violence by a spouse, former spouse
or any other person who is a present or former household member; or
- A person of any age who has been subjected to
domestic violence by a person with whom the victim has had a child in common, or with whom
the victim has had a dating relationship.
3. What
Relief Can I Get When I File A Complaint For Domestic Violence?
The principal relief you can obtain when you file
a Complaint for Domestic Violence is a Temporary Restraining Order. As soon as the
offense occurs, call the police and they will tell you what to do. Very often, the
local Municipal Court Judge will enter the Temporary Restraining Order. On weekdays during
normal courthouse hours, you can also file a Domestic Violence Complaint and seek a
Temporary Restraining Order at the County Courthouse in the county where you live.
The Temporary Restraining Order may include provisions:
- Prohibiting the Defendant from returning to the
scene of the domestic violence.
- Prohibiting the Defendant from locations where the
victim (and other persons named by the victim) are employed or reside.
- Prohibiting the Defendant from any oral, written,
personal or other form of contact with victim and other persons named by the victim.
- Prohibiting the Defendant from making or causing
anyone else to make harassing communications to the victim and other persons named by the
victim.
- Prohibiting the Defendant from stalking, following
or threatening to harm, to stalk or to follow the victim and other persons named by the
victim.
- Forbidding the Defendant from possessing any
firearms or other weapons, including an order to search and seize any weapons at any
location where the judge has reasonable cause to believe the weapon is located.
- Directing the Defendant to pay the victim money
that is needed on an emergency basis.
- Any other relief deemed necessary by the judge.
To speak with a New Jersey Family Law Attorney,
call 973-455-1220. |
