Legal Advocacy
Criminal Law vs. Civil Law
Domestic violence cases may involve both civil and criminal law.
Civil Law
- The Prevention of Domestic Violence Act is a civil law.
- Civil court authorizes restraining orders; however, there are no criminal repercussions that stem from the act of domestic violence committed, unless the restraining order is violated (defendant may be held in contempt of court-with the possibility of jail time)
- Standard of proof: preponderance of the evidence (50% proof)
Criminal Law
- Criminal court does not grant restraining orders. However, in conjunction with applying for a restraining order, you may file a criminal complaint against the abuser (incarceration possible).
- Standard of proof: beyond a reasonable doubt (99.9% proof)
Applying for a Restraining Order
Victims of domestic violence may apply for a restraining order:
- Where the alleged act of domestic violence occurred
- Where the defendant resides
- Where the victim resides or is sheltered.
To apply for a temporary restraining order you may go to the Warren County Court House, in Belvidere (Family Case Management, 1st flr.), Monday-Friday from 8:30am-3:30pm. On nights, weekends, and holidays you may apply for a restraining order through your local police department.
If a temporary restraining order is issued, typically, a final hearing will be scheduled within 10 days. At this time, you will appear before a judge who will decide whether the restraining order should remain in effect indefinitely.
If you have any questions regarding restraining orders, or need other legal information, do not hesitate to contact DARCC’s legal advocate.
The Prevention of Domestic Violence Act
The Prevention of Domestic Violence Act protects survivors of physical, sexual, and emotional abuse. More specifically, under the law, the Act protects any person who has been abused and is:
- 18 years of age or older, or
- who is an emancipated minor, and has been subjected to domestic violence by:
- a spouse
- former spouse
- any other person who is a present or former household member, or
- who regardless of age, has been subjected to domestic violence by a person:
- with whom the victim has a child in common, or
- with whom the victim anticipates having a child in common, if one of the parties is pregnant, or
- who, regardless of age, has been subjected to domestic violence by a person with whom the victim has had a dating relationship
- a victim may be below the age of 18
- the assailant must be over 18 or emancipated at the time of the offense.
Domestic Violence in NJ
In the state of New Jersey, domestic violence is defined as the occurrence of one or more of the following criminal offenses upon a person protected under the Prevention of Domestic Violence Act of 1991:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
You are not required to have an attorney present for a domestic violence hearing, however, if you would like representation you may call Legal Services of Northwest NJ to see if you are eligible.
The Domestic Abuse & Sexual Assault Crisis Center’s legal advocate may not provide legal advice, however, the advocate may:
- Inform you of your rights as a survivor of domestic violence.
- Assist you in applying for a temporary restraining order and/or answer any questions regarding temporary and final restraining orders.
- Act as a liaison between you and law enforcement, court staff, attorneys, etc. (with your permission).
- Offer court preparation and accompaniment for temporary and final restraining order hearings.
- Offer assistance and information pertaining to safety planning and strategies.
If you need a legal advocate call 908-475-8581.
