Category: Domestic Violence
The procedures for individuals seeking protection from domestic violence have been amended with the Supreme Court’s July 24, 2020 Seventh Omnibus Order. Domestic violence temporary restraining order (TRO) applications will now be accepted in person with or without a prior appointment during Superior Court hours – 8:30 a.m. to 4:40 p.m. Effective August 3, 2020, […]
Many people think of domestic violence incidents as occurring between parties who are in an active relationship, but that is not a requirement. New Jersey’s Prevention of Domestic Violence Act (PDVA) protects against acts of domestic violence that occur between a spouse, former spouse, household member or individuals involved in a dating relationship, including past relationships. Such a relationship also does not have to be exclusive. Even casual dating may give rise to a claim under the PDVA, as affirmed in a recent Appellate Division case.
Although New Jersey’s Prevention of Domestic Violence Act (PDVA) specifically allows for restraining orders in the event of harassment, proving that harassment has taken place is one of the most challenging aspects of a domestic violence trial. It is difficult as New Jersey law requires proof that the aggressor actually intended to harass the party seeking protection.
A recent New Jersey case addressed a disturbing scenario for any parent. In E.S. v. C.D., a nanny was fired for assaulting a child. After being fired, the nanny began harassing the child’s parents. The parents sought a restraining order against the former nanny under the New Jersey Prevention of Domestic Violence Act (hereafter, the “PDVA”), even though the PDVA does not specifically include parent-nanny relationships. Before the trial Court could even address the merits of the request, it had to determine for the first time whether the PDVA applied to solely economic relationships.
New Jersey law permits a victim of domestic violence to obtain a temporary restraining order (“TRO”) if granted, the alleged aggressor will be personally served with a copy of the TRO by local law enforcement officers. Although the officers may only be serving the TRO, a recent case makes clear that the defendant can be arrested for other crimes the officers may observe or based on evidence they may legally gather regardless of what happens with the TRO.
New Jersey law recognizes that domestic violence can occur outside marriage and cohabitation. Dating relationships are expressly covered, but what about if the couple has a less traditional relationship and they don’t consider themselves as “dating”? A recent court case addressed this issue determining whether the domestic violence law applied to their situation. In the […]