Preventing Domestic Violence in New Jersey
Domestic violence is a serious crime against society that impacts victims from all social and economic backgrounds. The most vulnerable members of society, including pregnant women, the elderly and the disabled, are frequently victims of domestic violence. There is a correlation between spousal abuse and child abuse, and many children, even those who are not direct victims of the abuse, suffer lasting emotional effects from witnessing domestic abuse.
Prevention of Domestic Violence Act of 1991
The New Jersey Legislature recognized that crimes occurring in a domestic violence context should receive different treatment from law enforcement and the judiciary than similar crimes not arising from a domestic relationship. In response, the Legislature passed the Prevention of Domestic Violence Act of 1991 (the "Act"), which offers both civil and criminal relief to victims of domestic violence.
The Act is considered to be one of the most protective and proactive actions enacted by any state. To view the Act in its entirety, visit the New Jersey Legislature Web site at www.njleg.state.nj.us/, then click on "Statutes" under the "Laws and Constitution" heading. The statutes pertaining to the Act may also be accessed from the WomensLaw.org Web site at www.womenslaw.org/NJ/NJ_statutes.htm.
The Act offers civil relief in the form of a restraining order, and criminal relief in the form of a criminal complaint filed by the victim against the batterer. For information on how to obtain a restraining order, visit www.njcbw.org/legalro.htm.
The Act also outlines training for law enforcement and the judiciary in the enforcement of the Act. All law enforcement officers, judges and judge's personnel are required to receive domestic violence training. The Family Practice Division of the Administrative Office of the Courts, along with the Division of Criminal Justice and the New Jersey Coalition for Battered Women, has produced domestic violence training video tapes which comply with the Act.
County Domestic Violence Working Group
Each of New Jersey's twenty-one counties has a County Domestic Violence Working Group. Each group is comprised of members of the judiciary, law enforcement, social workers and local attorneys, as well as representatives from local domestic violence support organizations. The purpose of the group is to implement the Act within the county and to provide a forum for the identification and prevention of domestic abuse within the county. For a guide to services for victims of domestic violence, organized by county by the New Jersey Coalition for Battered Women, visit www.njcbw.org/guide.htm.
New Jersey Domestic Violence Central Registry
New Jersey maintains a registry available to all law enforcement agencies and Family Court domestic violence personnel with up-to-date information on all Restraining Orders entered into the Family Automated Case Tracking System (FACTS). This registry assists officers in the enforcement of Temporary and Final Restraining Orders and provides protection to victims who move within the State of New Jersey. The registry is also used in screening applicants for firearms licensing.
Resources for Victims of Domestic Violence
If you or a loved one are a victim of domestic abuse, there are many organizations and resources here in New Jersey to assist you.
New Jersey Office of Victim Witness Advocacy
www.nj.gov/lps/dcj/victimwitness/vawa.htm
New Jersey Judiciary Domestic Violence Information and Initiatives
www.judiciary.state.nj.us/family/dv.htm
New Jersey Coalition for Battered Women
www.njcbw.org/index.html
These links offer helpful advice and assistance to the victim of domestic abuse who has decided to leave an abusive relationship:
This checklist for leaving an abuser offers useful and practical advice on preparing a plan to leave an abuser:
www.4women.gov/violence/checklist/
It is important to keep your personal information confidential after leaving an abuser to prevent an abuser from tracking you. Here are links to several Web sites with information on how to keep your personal information private and free from disclosure:
Voter Registration Address Confidentiality www.njcbw.org/voterreg.htm
Driver's License and Vehicle Registration Confidentiality www.nj.gov/nj/privacy.html
To change your social security number www.njcbw.org/legalssa.htm
To ensure that an abuser cannot track you using public records, New Jersey Address Confidentiality Program offers a substitute address program and a protected address program www.njcbw.org/legaladdress.htm
For information on New Jersey's Name Change Procedure:
For Adults: www.judiciary.state.nj.us/prose/10551.pdf For Children: www.judiciary.state.nj.us/prose/10552.pdf
We hope that you find this information useful and invite you to contact us if you are in need of legal representation to assist you. We offer free consultations and would be pleased to meet with you to discuss your personal situation in person or over the telephone.
