Who is a Victim of Domestic Violence in New Jersey?
New Jersey Domestic Violence Victim Criteria
Domestic Violence Lawyers Serving Victims in Bergen County and throughout NJ
Who Can Qualify for a Restraining Order in NJ?
Under New Jersey law, a “victim of domestic violence” refers to a person protected by the PDVA. This includes any person:
- Who is 18 years of age or older, or who is an emancipated minor, and who has been subjected to domestic violence by a:
- Spouse,
- Former spouse,
- Any person with whom the victim has had a dating relationship,
- Any person whom the victim has a child in common or anticipates having a child in common because the victim or abuser is pregnant,
- Any other person who is a present or former household member; or
- Who, regardless of age, has been subjected to domestic violence by a person:
- With whom the victim has a child in common, or
- With whom the victim anticipates having a child in common if one of the parties is pregnant; or
- Who, regardless of age, has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
What is an Emancipated Minor?
Under the Prevention of Domestic Violence Act, a minor is considered emancipated from his or her parents when the minor:
- Is or has been married
- Has entered military service
- Has a child or is pregnant; or
- Has been previously declared by the court or an administrative agency to be emancipated.
Where can I file a TRO?
If you meet the legal criteria for a victim of domestic violence in New Jersey, you can file an application for a temporary restraining order in several locations:
- Where the act of domestic violence occurred
- Where the other party resides
- Where you reside; or
- Where you are sheltered or are temporarily staying.
When can I file a Temporary Restraining Order?
As a victim of domestic violence, you can request a restraining order at anytime. In fact, the New Jersey Domestic Violence Procedures Manual explicitly states “A victim of domestic violence must have access to the courts at all times. Law enforcement, Municipal and Superior Court staff must be advised that victims should never be turned away because of the inconvenience of arranging off-hours emergency relief.” Depending on the day and time at which you are seeking a TRO, there are certain locations where you should go:
During Court hours for domestic violence matters: Monday through Friday from 8:30 am to 3:30 pm, you should go to the Superior Court, Family Division in one of the above locations. If you cannot make it to the Superior Court, you can also go to the local Municipal Court during business hours.
On weekends, holidays and weekdays after 3:30 pm and other times when Court is closed: you should go to your local police department
For information about how to fill out a Restraining Order Application, click here.
Contact Essex County NJ Domestic Violence Attorneys for a Free Consultation
If you are a victim of domestic violence in New Jersey, you are wondering if you can file a restraining order, or you need help obtaining a permanent restraining order, our NJ domestic violence lawyers can help. Call (908)-336-5008 or contact us online for a free consultation.