Law Lessons from State v. Haas (App. Div., Docket No. A-2772-04T5, Decided October 21, 2005, not approved for publication):
The laudable purpose of the Prevention of Domestic Violence Act is “to assure the victims of domestic violence the maximum protection from abuse the law can provide.” N.J.S.A. 2C:25-18; see Cesare v. Cesare, 154 N.J. 394, 399-400 (1998). The Act is comprehensive and authorizes, inter alia, the entry of orders pertaining to the issues of child custody, N.J.S.A. 2C:25-29b(11); parenting time, N.J.S.A. 2C:25-29b(3); and risk assessments to determine whether a particular parenting-time arrangement constitutes a risk of harm to the child, N.J.S.A. 2C:25-29b(3)(a) and -29b(3)(b).
The Act further provides that when considering the terms of a restraining order, the court must consider, inter alia, “[t]he best interests of the victim and any child[,]” N.J.S.A. 2C:25-29a(4), and when “determining custody and parenting time the protection of the victim’s safety[,]” N.J.S.A. 2C:25-29a(5). More specifically, courts are statutorily cautioned that “[p]arenting time arrangements shall not compromise any other remedy provided by the court by requiring or encouraging contact between the plaintiff and defendant.” N.J.S.A. 2C:25-29b(3).
Violating the provisions of a domestic violence final restraining order (FRO) issued pursuant to the Prevention of Domestic Violence Act subjects the violator to a charge of domestic violence contempt. N.J.S.A. 2C:29-9b.
If the violator had a prior conviction for domestic violence contempt, the violator is then subject to the imposition of a minimum term of not less than thirty days’ imprisonment. N.J.S.A. 2C:25-30.
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