- The Prevention of Domestic Violence Act, passed in New Jersey in 1991, stated that domestic violence was a "serious crime against society." The Act provided two forms of relief in the event of domestic violence. The first was civil relief, which allowed victims of domestic violence to obtain a restraining order against their assaulter. The second was criminal relief, which allowed the victim to file criminal charges against their assailant.
- Domestic violence charges could land you in jail.prision-4125 image by Paco Ayala from Fotolia.com
Under the New Jersey Protection of Domestic Violence Act, the following criminal offenses are considered acts of domestic violence by an adult or emancipated minor: kidnapping, false imprisonment, stalking, criminal trespassing or mischief, criminal or sexual assault, burglary, homicide, harassment, lewdness or threats. Spouses, former spouses, former household members, present household members or present or past boyfriends or girlfriends who commit any of the criminal offenses listed are subject to domestic violence charges. - Police officers must arrest domestic violence suspects under certain circumstances.ny police 02 image by cilin from Fotolia.com
Police officers must arrest someone suspected of domestic abuse if the victim shows any signs of injury, or if the suspect has violated previous restraining orders for domestic abuse charges. A police officer may also arrest the suspect if he has probable cause that a weapon has been used, or if the suspect has a warrant out for his arrest. Victims of domestic abuse may inform the arresting officer of injuries that are not visible, such as internal injuries or injuries on the body the victim does not want to expose and ask that the suspect be arrested. - Judges may grant restraining orders in New Jersey.vintage bible book studio isolated image by dinostock from Fotolia.com
Victims who seek temporary restraining orders against suspected batterers in New Jersey can obtain them from either the New Jersey municipal court or the New Jersey Superior Court, Chancery Division, Family Part. A temporary restraining order may be issued by a judge, or by a Domestic Violence Hearing Officer. A final restraining order against a defendant can only be granted by a Judge of the Superior Court, Chancery Division, Family Part. A hearing to obtain a final restraining order must be scheduled before a Judge of the Superior Court within 10 days of a temporary restraining order being filed. - Convicted abusers may not own firearms in New Jersey.a gun image by timur1970 from Fotolia.com
The penalties for domestic violence include a civil penalty fine of at least $50, but no more than $500 and a jail sentence of two to four years, as well as two years of probation, depending on the severity of the charges. Those charged with domestic abuse are also banned from owning a firearm and may be required to undergo psychiatric evaluations or other such forms of treatment. They are also prohibited from making any form of contact with the victim.
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