Domestic violence is a serious issue that often intersects with both family and criminal law. The type of court handling a domestic violence case depends on the circumstances and the legal actions pursued. Understanding the distinction between family and criminal court proceedings is crucial for anyone involved in such Domestic Violence in New Jersey

Family Court: Protecting Victims Through Restraining Orders

Family court is primarily concerned with the protection and welfare of domestic violence victims. In New Jersey and other states, victims of domestic violence can file for a Temporary Restraining Order (TRO) in family court. This is a civil remedy designed to provide immediate protection from an abuser.

A TRO is typically issued the same day a victim applies for it and prohibits the alleged abuser from contacting or approaching the victim. It may also include orders for the abuser to vacate a shared residence, refrain from possessing firearms, or comply with other protective measures.

The TRO is temporary, pending a hearing in family court to determine whether a Final Restraining Order (FRO) is necessary. During this hearing, both parties present evidence, and the judge evaluates whether domestic violence occurred and whether continued protection is required. FROs are permanent in Domestic Violence Cases In New Jersey barring any court-ordered modifications.

Family court also addresses related matters, such as custody, visitation rights, and financial support, especially if the parties have children together. These issues are considered with the overarching goal of safeguarding the victim and any children involved.

Criminal Court: Holding Abusers Accountable

When domestic violence involves criminal acts—such as assault, harassment, stalking, or terroristic threats—the case is handled in criminal court. The state, not the victim, prosecutes the alleged abuser. Criminal charges can be initiated when law enforcement responds to a domestic violence incident or if the victim files a complaint with the police.

The criminal court focuses on determining whether the accused violated criminal laws and, if so, imposing appropriate penalties. Convictions for domestic violence-related offenses may result in fines, probation, mandatory counseling, or jail time.

Additionally, violating a restraining order issued by family court constitutes a criminal offense. Such violations are automatically handled in criminal court and can lead to further charges and penalties.

Overlap Between Family and Criminal Courts

In many cases, domestic violence proceedings occur simultaneously in both family and criminal courts. For example, a victim might obtain a restraining order in family court while the abuser faces criminal charges for assault in criminal court. Coordination between the two courts ensures comprehensive protection and justice.

Domestic violence cases often straddle the boundaries of family and criminal law. While family court prioritizes protection and resolution of domestic disputes, criminal court enforces accountability through penalties for unlawful acts. Both systems work together to address the multifaceted nature of domestic violence and ensure justice for victims.