OCEAN COUNTY – A person may endure years of threats, intimidation or physical abuse before seeking protection. Others reach that decision after a single frightening incident. Obtaining a restraining order can mean explaining deeply personal circumstances to police and a judge while worrying about what happens afterward.
As Domestic Violence Awareness Month draws to a close, attention turns from a candlelight vigil to remember lives lost to understanding how victims can obtain legal protection and assistance.
Laurie Toole, Community Affairs and Education Manager for Providence House Domestic Violence Services of Ocean County, described domestic violence as “a pattern of power and control that one person is wielding over another.”
Providence House has assisted people of all ages, from the youngest child witnesses of domestic violence to those older than 90, including men and women. Although police and courts generally use the term victim, advocates often refer to those experiencing abuse as survivors, recognizing that their experiences do not define their lives.
What Qualifies As Domestic Violence?
New Jersey’s Prevention of Domestic Violence Act identifies 19 categories of offenses, each corresponding to a specific provision or category of offenses in the New Jersey Criminal Code. They include assault, harassment, stalking, terroristic threats, sexual assault, criminal mischief and cyber-harassment. Physical injury is not required for every offense.
Laura McCoy, Providence House’s Legal Program Supervisor, explained that abuse may be emotional, verbal, sexual or financial, as well as physical. However, obtaining a restraining order requires conduct falling within one of the legally recognized offenses.
The law also requires a qualifying relationship. Protections extend to current and former spouses, present and former household members, people who share or are expecting a child, and individuals in dating relationships. Certain age requirements apply.
McCoy said applicants can describe earlier incidents, even when police were never called. “They also can include a prior history of domestic violence, which could be reported or unreported,” she said.
How To Obtain A Restraining Order
During regular business hours, Monday through Friday from 8:30 a.m. to 4 p.m., victims can apply for a temporary restraining order through the Domestic Violence Unit of Ocean County Superior Court, 120 Hooper Avenue in Toms River, in person or by calling (732) 504-0700, ext. 64090.
After hours, weekends and holidays, police assist with emergency applications. Barnegat Police Sgt. Richard Boyle, the department’s domestic violence liaison, said officers gather information about the incident and accused person before contacting an on-call municipal court judge.
The officer speaks with the judge first. The applicant then explains the alleged abuse and need for protection on a recorded telephone line. The judge determines whether to issue a temporary restraining order, commonly called a TRO.
If granted, police prepare the order, provide the applicant with a copy and arrange for the accused person to be served. Depending on the judge’s directions, restrictions may prohibit contact, bar someone from a residence or temporarily address parenting arrangements. Officers may supervise the removal of essential belongings when someone is ordered to leave a shared home.
Domestic Violence Can Be Reported Anywhere In NJ
Boyle emphasized that victims need not return to the municipality where an incident occurred to report domestic violence. “You can report a domestic violence incident anywhere in the state of New Jersey to any municipality, and they have to take it,” he said.
Under state attorney general guidelines, police departments must accept domestic violence reports even when the alleged offense occurred elsewhere. Agencies may coordinate with the department having jurisdiction, but someone reporting abuse should not simply be turned away.
“Just to turn someone away who’s claiming to be a victim of domestic violence is a big problem,” Boyle said.
Applications for restraining orders are made through the Domestic Violence Unit of the Superior Court’s Family Division in the county where the victim lives, the other person lives, the abuse happened, or where the victim is staying temporarily.
When Police Must Make An Arrest
Not every domestic violence complaint results in an arrest. However, New Jersey law requires officers to arrest when probable cause exists and certain circumstances are present.
Those include signs of injury, an outstanding arrest warrant, probable cause that a weapon was involved or a qualifying violation of an existing restraining order. Boyle said complaints of physical pain can satisfy the injury requirement without visible marks.
Officers also have discretion to arrest in other domestic violence cases when probable cause exists. Boyle described situations in which someone initially reports an assault but changes their account after police arrive, possibly because the accused person is nearby. Officers must evaluate the available evidence rather than automatically assuming the original report was false.
What Happens At The Final Hearing?
A temporary restraining order is generally followed by a Superior Court hearing within 10 days, although proceedings may be postponed. Under New Jersey case law, a judge must determine whether a qualifying act of domestic violence occurred and whether a final restraining order (FRO) is necessary to protect the victim from immediate danger or prevent further abuse.
Final restraining orders do not automatically expire. They remain enforceable unless modified or dissolved by a court.
Help Beyond The Courtroom
McCoy said financial dependence can make leaving especially difficult. “Oftentimes, one of the first things the offender does is cut off financial support.” Concerns about housing, children and retaliation can complicate decisions about seeking protection.
Providence House provides legal advocacy and court assistance with an office located in the courthouse that can be accessed during business hours. Additionally, its Domestic Violence Response Team relies on volunteers who complete 40 hours of specialized training before assisting people at police departments and hospitals. Interested volunteers can contact Providence House.
Anyone in immediate danger should call 911. Those seeking restraining orders can contact the Ocean County Superior Court Domestic Violence Unit during business hours or local police after hours.
Legal Services of New Jersey offers advice to eligible low-income residents at 1-888-576-5529. South Jersey Legal Services’ Ocean County office can be reached at 732-608-7794.
“Victims of domestic violence often feel like they have no options,” said Monica C. Gural, Chief Attorney of the Domestic Violence Representation Project at Legal Services of New Jersey. “One of the best ways they can empower themselves is by gathering information.”
“Victims who understand their rights can better understand their options and are then able to make the best-informed decision for their situation,” Gural continued. “Legal Services of New Jersey provides this free service to eligible, low-income individuals.”
Toole cautioned that while a restraining order is often an effective component of a safety plan for many, in some situations a restraining order may increase risk. Individualized safety planning remains important, particularly when someone is preparing to leave an abusive relationship. Safety planning is available through the Providence House 24-hour hotline at (732) 244-8259.
The next article in this series will examine emergency shelters, safety planning and the challenges victims face when remaining at home is no longer safe.
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