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Even during the evening, your town Municipal Court or Superior Court can issue a Restraining Order which is a legally enforceable document.

Even during the evening, your town Municipal Court or Superior Court can issue a Restraining Order which is a legally enforceable document. The Temporary Restraining Order (TRO) will prohibit the defendant/abuser from any contact with the victim or entering the residence. Unlike a criminal case where a person is provided with lengthy due process rights, and if guilty receives just probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days

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due process rights

Unlike a criminal case where a person is provided with lengthy due process rights, and if guilty receives just probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days after the filing of an ex parte complaint and temporary restraining order. After a hearing, NJSA 2C:25-29 (b) allows the Chancery Division, Family Part Judge to grant substantial relief to the complainant. Our Supreme Court has already found that the ten-day provision comports with the requirements of due process, but can be delayed. In H.E.S. v. J.C.S., 175 N.J. 309, 323 (2003), the Court held: "the ten-day provision does not preclude a continuance where fundamental fairness dictates allowing a defendant additional time. Indeed, to the extent that compliance with the ten-day provision precludes meaningful notice and an opportunity to defend, the provision must yield to due process requirements."

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discovery

The Crespo court held "Here, the record reveals that at no time did defendant seek leave to conduct any discovery proceedings." Therefore, it is important for defense counsel to demand discovery. The NJ Supreme Court affirmed Judge Fisher's appellate opinion. This Court wrote no full opinion in this case. Rather, the Court's affirmance of the judgment of the Appellate Division is based substantially on the reasons expressed in Judge Fisher's Appellate opinion below.) In Pepe v Pepe, 258 N.J. Super. 157 (Chan. Div. 1992) held that the confidentiality provision of record keeping under the Domestic Violence act applies to the records kept on file with the Clerk of the Superior Court.