21. Do I have to go back to the court if I choose to dismiss the civil complaint?
YES. If you want to dismiss the civil complaint, you must go to court on the scheduled hearing date. You will be asked to explain your reasons for wanting to dismiss the complaint. The judge will want to know that you are doing this without threats or pressure from someone else. If the judge is convinced that this is your own decision, the complaint will be dismissed.
22. What will I need to bring with me to court?
At the time of the final hearing you should bring proof of the amount of money you need from the defendant as support if he or she has an obligation to support you. Proof includes: canceled checks or a lease or other documents that show the amount of your rent or mortgage, utility bills, the latest income tax returns or pay stubs and any other information to prove how much money you need from the abuser.
23. Do I have to speak at the hearing?
At the final hearing you will tell the judge what the abuser did to you that caused you to file for a TRO. You will tell the judge if the abuser hit you, punched you, kicked you, pushed you, etc. If you are afraid of the abuser you will tell the judge this and why you are fearful. You will tell the judge about other times when the abuser hurt you or made you afraid or threatened you in any way. You must not be afraid of the judge because he or she is there to help you and to keep you safe from harm. You will also tell the judge how much money you will need for support from the abuser if he or she has an obligation to support you and your children. You will show the judge the proof of how much you need for housing and food and other things for you and your children.
24. What steps do I take after I receive a final restraining order?
You will receive a copy of the Final Restraining Order after the hearing. It is important to keep a copy with you at all times. It is important that you do the following: _ Review the order before you leave the courtroom. If something is wrong or missing ask the court clerk to correct the order before you leave. _ Make several copies of the order to leave in safe places in case you need them. Keep one at your job, one at your home, one at your children's school, babysitter or day care program. _ Give a copy to a neighbor that you trust. _ Give a copy to friends or relatives who are named and protected in the order. _ Make sure your local police have a copy of the order. _ Give a copy to the security guard where you live or work. _ Change your locks as soon as possible. _ Change your telephone number as soon as possible to an unlisted number.
25. Do I also have the right to file a criminal complaint if I choose?
YES. A criminal complaint accuses the abuser of committing a crime. The New Jersey Prevention of Domestic Violence Act lists acts that are considered to be crimes against the victim. They are: Homicide Assault (both simple assault and aggravated assault) Terroristic Threats Kidnaping Criminal Restraints False Imprisonment Sexual Assault Criminal Sexual Contact Lewdness Criminal Mischief Burglary Criminal Trespass Harassment Stalking.
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