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Appeared in "Camden County Women" Protected victims under the Domestic Violence Statute in New Jersey (N.J.S.A. 2C:25-1 through 2C:25-35) are generally defined as any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member. Additional victims include any person regardless of age, who 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. Victim also includes any person who has been subject to domestic violence by a person with whom the victim has a dating relationship?. Crimes of domestic violence against a protected victim include: homicide, assault, terroristic threats, kidnap, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment and stalking. Of most importance to victims is the understanding that statistically this crime involves a cycle of abuse, one in which tension builds, the emotional or physical abuse occurs and finally there is remorse on the part of the batterer and a further attempt to convince the victim that it will not occur again. Sadly, statistics also confirm domestic violence does occur again after the first incident with approximately 80% of the victims being women. In the State of New Jersey, to protect oneself from a batterer, a victim files a domestic violence complaint in the municipality or county in which the victim resides, or where the batterer resides, or where the violence occurred. During court hours, usually 9:00 AM to 3:00 PM, the victim files a complaint at the County Courthouse, in Camden County the Courthouse is located at 5th and Mickle Boulevard, 2nd Floor , Hall of Justice in Camden. At all other times the victim will go to the local police station in the municipality where a telephone interview will occur with the on call Municipal Court Judge. If the Temporary Restraining Order (referred to as a TRO) is issued the Police will serve the defendant (batterer), which will restrain the defendant from the residence, work and all other locations where the victim can be found until the final hearing on the TRO. All weapons owned by the defendant will also be seized at this time. Additionally, usually a criminal complaint is issued in addition to the domestic violence complaint. The underlying criminal matter in most cases is handled at the Municipal Court level, where the prosecutor will represent the States interest and prosecute the allegation for the victim. The final hearing on the TRO must be held within 10 days unless the defendant agrees to adjourn the matter to prepare for the hearing, which will keep the provisions of the TRO in force. It is of utmost importance that the victim has proper representation at this hearing. The State will not provide a lawyer to you, however the domestic violence unit will try to help you prepare for the hearing. If the victim is unsuccessful in proving their case at this hearing, by the standard of a preponderance of the evidence, the TRO is dismissed and the victim no longer has any protection from the defendant. Competent legal counsel will prepare the victim for direct and cross examination, properly review and argue the Rules of Evidence admitting all allowable evidence and keeping out inadmissible evidence, subpoena the appropriate parties and or evidence, meet all jurisdictional challenges and properly prepare and deliver the closing statement to the Court requesting the proper relief for the victim. If the victim meets their burden of proof a Final Restraining Order (referred to as a FRO) will be issued. The defendant can be restrained from any future contact with the victim. Additional restraints, depending on the individual case, can be ordered including but not limited to; payment of weekly spousal and child support, household bills including the mortgage, attorney fees, risk assessment with regards to child visitation, mandatory attendance of batterers counseling, and or alcohol / drug counseling. In conclusion, domestic violence is a very real and unfortunate part of our society, one which the Legislature and Courts have recognized and provide protection to victims by the Domestic Violence Statute and the Restraining Orders issued pursuant to the law. It is also a protective device, which should be used by true victims of domestic violence and not to gain an unfair advantage over another, especially in contemplation or during a divorce proceeding. Knowledgeable legal representation, for the victim, is the best assurance of protection through gaining a permanent restraining order (FRO) which will be in force indefinitely, or until further order of the Court, or by request for dismissal by the victim. Victims of Domestic Violence in Camden County can contact #800-572-SAFE (7233) for the 24 Hour Domestic Violence Hotline. This is a paid legal informational advertisement and is not intended to give legal advice. This is only a general overview of the domestic violence statute in New Jersey. Domestic Violence is a very serious issue, and all victims should seek competent counsel to protect their rights under the statute |
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Last Update 04.04.2010
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