or where the plaintiff resides or is sheltered. See also R.
5:7A(f)
Thus, a New Jersey county court had jurisdiction to
resolve a civil issue raised pursuant to the Domestic
Violence Act where both parties resided in that county,
even if the incident giving rise to the action occurred in
New York. Sperling v. Teplitsky, 294 N.J. Super. 312, 317
(Ch. Div. 1996).
Also, New Jersey courts have jurisdiction to conduct
a hearing and decide whether or not a final restraining
order should be issued, where a temporary restraining
order was issued in New Jersey and there is an allegation
that an act of domestic violence has been committed in
another state, but where the victim, a New Jersey
resident, fled from the abuser and returned to New Jersey
for shelter. J.N. v. D.S., 300 N.J. Super. 647, 652 (Ch.
Div. 1996).
b. Criminal complaints filed pursuant to the
Domestic Violence Act shall be investigated and
prosecuted in the jurisdiction where the offense is alleged
to have occurred.
c. Contempt complaints filed pursuant to N.J.S.A.
2C:29-9 shall be prosecuted in the county where the
contempt is alleged to have been committed.
2. Other Pleadings
In Mann v. Mann, 270 N.J. Super. 269, 273 (App.
Div. 1993), the wife was not prejudiced by serving of a
cross-complaint by the husband at time of the hearing on
her motion seeking a final domestic violence order
because each side had a full opportunity to present its
version of the critical events, no contemporaneous claim
of prejudice was made at the time of the hearing, and each
side was familiar with the other’s position.
B. Temporary Restraining Orders
Pursuant to the Domestic Violence Act, a plaintiff
may seek emergency, ex parte relief in the nature of a
temporary restraining order (TRO). N.J.S.A. 2C:25-
28f. A municipal court judge or a judge of the Family
Part of the Superior Court, Chancery Division may enter
an ex parte order upon good cause shown, when the
victim is in danger of domestic violence and it is necessary
to protect the life, health or well-being of a victim on
whose behalf the relief is sought. N.J.S.A. 2C:25-28f, g;
I; J.N. v. D.S., 300 N.J. Super. 647, 652 (Ch. Div. 1996).
See Grant v. Wright, 222 N.J. Super. 191, 199 (App.
Div.), certif. denied, 111 N.J. 562 (1988) (holding that
under the prior Act temporary ex parte restraining orders
may be granted only if it appears that the plaintiff is in
danger of domestic violence). A TRO may be issued
upon sworn testimony or complaint of an applicant who
is not physically present, pursuant to court rules, or by a
person who represents a person who is physically or
mentally incapable of filing personally if the judge is
satisfied that exigent circumstances exist sufficient to
excuse the failure of the applicant to appear personally
and that sufficient grounds for granting the application
have been shown. N.J.S.A. 2C:25-28h. See also N.J.S.A.
2C:12-10.2 (TRO for alleged stalking).1. Effectiveness of a TRO
An order for emergency, ex parte relief shall remain in
effect against whom the complaint is filed until a judge
of the Family Part issues a further order. N.J.S.A. 2C:25-
28i.; N.J.S.A. 2C:25-29a. A TRO also shall be in effect
throughout the State and shall be enforced by all law
enforcement officers. N.J.S.A. 2C:25-28p.2. Appeal of a TRO
a. Appeal of the issuance of a TRO
The issuance of a TRO is immediately appealable for
a plenary hearing de novo not on the record before any
judge of the Family Part of the county in which the
plaintiff resides or is sheltered if that judge issued the
temporary order or has access to the reasons for the
issuance of the temporary order and sets forth in the
record the reasons for the modification or dissolution.
N.J.S.A. 2C:25-28i. However, a defendant who fails to
challenge finding of domestic violence at trial cannot raise
that challenge on appeal. Bryant v. Burnett, 264 N.J.
Super. 222, 226-27 (App. Div.), certif. denied, 134 N.J.
478 (1993).b. Effect of the Denial of a TROThe denial of a temporary restraining order by a
municipal court judge and subsequent administrative
dismissal of the complaint shall not bar the victim from
refiling a complaint in the Family Part based on the same
incident and receiving an emergency, ex parte hearing de
novo not on the record before a Family Part judge, and
every denial of relief by a municipal court judge shall so
state. N.J.S.A. 2C:25-28i.