Family Court in New Jersey: What Survivors Need to Know (Custody, FROs, Support)
A guide for domestic violence survivors in New Jersey Family Court. Learn about the new "Coercive Control" amendments to the PDVA, the permanent nature of Final Restraining Orders (FROs), and mediation exemptions.
In New Jersey, domestic violence matters are often handled in parallel: the Family Part (for divorce/custody) and the Domestic Violence Unit (for restraining orders). Recent amendments to the Prevention of Domestic Violence Act (PDVA) in 2024/2025 have expanded the definition of abuse to explicitly include "Coercive Control," giving survivors new legal grounds for protection.1
This guide explains the specific statutes (N.J.S.A.) and court rules you need to know to protect your rights.
1. New Terminology: Coercive Control is Now Law
As of recent updates to the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-19 & 29), New Jersey now legally recognizes Coercive Control as a form of domestic violence.2
What it is: A pattern of behavior that unreasonably interferes with your free will and personal liberty. This includes:
Isolating you from friends/family.
Depriving you of basic necessities.
Monitoring your movements, finances, or communications.
Threatening to harm pets or children.
Why it matters: You can now obtain a Restraining Order based on this pattern of behavior, even if there was no recent physical assault.
2. Restraining Orders: TRO vs. FRO (The "Permanent" Order)
New Jersey is unique because its Final Restraining Orders (FRO) are effectively permanent.3
Temporary Restraining Order (TRO): You can get this immediately (Ex Parte) if you are in danger.4 It lasts until the final hearing (usually within 10 days).
Final Restraining Order (FRO): If granted after a hearing, it does not expire.5 It lasts forever unless a judge specifically dissolves it.6
Custody Impact: An FRO creates a presumption that the abuser should not have access to you, and often grants the victim temporary custody and exclusive possession of the home.
3. Custody & The "Best Interests" Factors
In New Jersey, custody decisions are based on the "Best Interests of the Child" under N.J.S.A. 9:2-4.7
Mandatory Factor: The statute explicitly lists "the safety of the child and the safety of either parent from physical abuse by the other parent" and "any history of domestic violence" as factors the judge must consider.
Presumption Against Joint Custody: While NJ generally favors "shared" parenting, this presumption is removed if there is a history of domestic violence. If you have an FRO, the court is highly unlikely to order Joint Legal Custody (decision-making).
4. Mediation: You Are Exempt
New Jersey Court Rule 1:40-5 mandates mediation for most custody cases to "clear the docket."8
The Exemption: The rule explicitly states that no matter shall be referred to mediation if there is a temporary or final restraining order in effect.
What to do: If you do not have a restraining order but there is a history of abuse, you must alert court staff during the intake screening. They can label the case "DV" and exempt you, or use strict safety protocols (shuttle mediation), so you do not have to negotiate face-to-face with your abuser.
5. Relocation: The "Bisbing" Standard
If you want to move out of New Jersey with your child, the law is strict.
The Case: Bisbing v. Bisbing (2017) established that you cannot move just because you have a "good reason."
The Test: You must prove that the move is in the Best Interests of the Child. This is a high bar.
Safety Exception: If you are fleeing immediate violence, prioritize safety, but you must file a motion (often called an "Order to Show Cause") immediately to explain why you left. Leaving without court permission can be viewed as interference with custody rights.
6. Child Support & "Triennial Review"
Guidelines: NJ uses the "Income Shares" model.
Safety in Collection: If you are on public assistance (TANF/WorkFirst NJ), the state automatically pursues support. However, if doing so puts you in danger, you can file a "Good Cause" Claim with the Board of Social Services to stop them from contacting the abuser for money.
Frequently Asked Questions (FAQ)
Q1: Do I need a lawyer for an FRO hearing?
It is highly recommended. An FRO is permanent and carries serious consequences (fingerprinting, weapons forfeiture, fines).9 Because the stakes are so high, abusers often fight hard with their own lawyers. Local agencies like Partners for Women and Justice often provide free legal help for FRO hearings.
Q2: Can I record my spouse's threats?
Yes. New Jersey is a "One-Party Consent" state. You can legally record a conversation you are part of (phone or in-person) without the other person's knowledge. These recordings are admissible in court and are powerful evidence for proving "harassment" or "coercive control."
Q3: What if I didn't call the police when he hit me?
You can still get an FRO.10 The court considers the "history of domestic violence."11 You can testify about past incidents even if you never reported them before. Medical records, photos, and text messages are excellent evidence.12
Q4: Will the judge order "50/50" custody?
Not if there is violence. While NJ courts like to maximize time with both parents, safety overrides this. If you have an FRO, the judge will typically order that the abuser's parenting time be supervised (by a professional or family member) until they complete a risk assessment and batterer's intervention.
Q5: Can I keep my address confidential?
Yes. New Jersey has an Address Confidentiality Program (ACP). If accepted, you get a legal substitute address to use on court documents, your driver's license, and school records. Call 1-877-218-9133 to apply.
Q6: Does "harassment" count as Domestic Violence?
Yes. Harassment is one of the most common "predicate acts" for an FRO in New Jersey. It includes repeated communications (texts, calls) made at inconvenient hours or in offensive language, or actions meant to cause alarm or serious annoyance.
References & Resources
NJ Domestic Violence Hotline: 1-800-572-SAFE (7233).
Legal Services of New Jersey (LSNJ): 1-888-LSNJ-LAW (Civil legal aid).
Partners for Women and Justice: Free legal help for low-income survivors in FRO hearings.
Address Confidentiality Program: 1-877-218-9133.
Legislation: N.J.S.A. 2C:25-19 (PDVA/Coercive Control), N.J.S.A. 9:2-4 (Custody Factors).