3. Types of Emergency Relief
Emergency relief may include forbidding the
defendant from returning to the scene of the domestic
violence, forbidding a defendant from possessing any
firearm or other weapon enumerated in N.J.S.A. 2C:39-
1r., ordering the search for and seizure of weapons at any
location that the judge has reasonable cause to believe the
weapon is located, and any other appropriate relief.
N.J.S.A. 2C:25-28j. If the court orders a search it shall
state with specificity the reasons for and scope of the
search and seizure authorized by the order. N.J.S.A.
2C:25-28j.
However, in-house restraining orders which permit
the victim and the defendant to occupy the same
premises but limits the defendant’s use of the premises
are prohibited as a form of relief. N.J.S.A. 2C:25-28.1.
4. Notice to and Service Upon the Defendant
A domestic violence complaint and order granting
emergency relief shall immediately be forwarded to the
appropriate law enforcement agency for service on the
defendant, and to the police of the municipality in which
the plaintiff resides or is sheltered, and shall immediately
be served upon the defendant by the police, except that
an order issued during regular court hours may be
forwarded to the sheriff for immediate service upon the
defendant in accordance with the Rules of Court.
N.J.S.A. 2C:25-28l.
If personal service cannot be effected upon the
defendant, the court may order other appropriate
substituted service. However, the plaintiff shall not be
asked or required to serve any order on the defendant.
N.J.S.A. 2C:25-28l.
The judge may permit the defendant to return to the
scene of the domestic violence to pick up personal
belongings and effects but shall, in the order granting
relief, restrict the time and duration of such permission
and provide for police supervision of such visit. N.J.S.A.
2C:25-28k.
C. Hearing on Domestic Violence Complaint. N.J.S.A. 2C:25-29
1. Timing of the Hearing
A hearing shall be held in the Family Part of the
Superior Court, Chancery Division within ten (10) days
of the filing of a domestic violence complaint pursuant to
N.J.S.A. 2C:25-28 in the county where the ex parte
restraints were ordered, unless good cause is shown for the
hearing to be held elsewhere. N.J.S.A. 2C:25-29a.- Use of Testimony of Plaintiff and Defendant in
Domestic Violence Matter in Simultaneous or
Subsequent Criminal Proceeding
If a criminal complaint arising out of the same
incident which is the subject matter of a complaint
brought under the Domestic Violence Act of 1991 or the
prior Domestic Violence Act of 1981 (repealed) has been
filed, testimony given by the plaintiff or defendant in the
domestic violence matter shall not be used in the
simultaneous or subsequent criminal proceeding against
the defendant, other than domestic violence contempt
matters and where it would otherwise be admissible
under the rules of evidence that govern hearsay exceptions
where a party is unavailable. N.J.S.A. 2C:25-29a. See
State v. Chenique-Puey, 145 N.J. 334 (1996)(holding
that the trial court should have severed terroristic threats
charge from trial on contempt of domestic violence
restraining order charge, because evidence of the
restraining order was inadmissible to prove terroristic
threats, the admission of the restraining order was not
merely cumulative and the evidence of the restraining
order could have unduly prejudiced defendant by
bolstering victim’s testimony regarding defendant’s
prior bad acts); State v. Whittaker, 326 N.J. Super. 252,
263-64 (App. Div. 1999) (discussing admission of
statements made by a domestic violence victim in
criminal trial under prior inconsistent statement and
excited utterance hearsay exceptions).3. Burden of Proof
The existence of domestic violence coupled with a
threat to the victim’s safety are necessary for the court to
enter a restraining order. Peranio v. Peranio, 280 N.J.
Super. 47 (App. Div. 1995); Corrente v. Corrente, 281
N.J. Super. 243 (App. Div. 1995); C.O. v. J.O., 292 N.J.
Super. 219 (Ch. Div. 1996). At the hearing, the standard
for proving the allegations in the complaint shall be by a
preponderance of the evidence. N.J.S.A. 2C:25-29a. See
Bryant v. Burnett, 264 N.J. Super. 222, 226 (App. Div.),
certif. denied, 134 N.J. 478 (1993). A judgment of
conviction for stalking shall operate as an application for
a permanent restraining order. N.J.S.A. 2C:12-10.1.4. Factors the court shall consider at the Hearing
Pursuant to N.J.S.A. 2C:25-29a (1)-(6) the factors
the court shall consider, include, but are not limited to