A Family Guide
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to Juvenile Justice
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A Handbook for Families
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Source
https://www.judiciary.state.nj.us/essex/family/FamilyGuide_to_JuvenileJustice_Handbook.pdf:
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For
example, if you are on Home Detention and are having trouble in school, do
not think that cutting the bracelet and running will solve this problem. Instead,
call your Detention Alternatives Coordinator and speak to them about your
difficulties so that you can avoid getting into trouble. Try to think things
out while keeping in mind the consequences instead of acting within the moment.
Poor decisions can lead you back to court and possibly to the Youth Detention
Center. Try to get involved in positive activities such as school, sports,
music, art, spending time with your family, and finding a job. The busier you
are, the less time you will have to get into trouble. Think of yourself as a
leader, not a follower, and make your own choices. Surround yourself with
those who are doing positive things with their lives and do the same for yourself!
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This
booklet is intended to serve as a general guide about the local juvenile justice process and resources
that may be of assistance. It is not intended as legal advice and it may not
address every question or be applicable to every individual circumstance.
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If you
are a parent who has a child involved within the court system, it is not
unusual for you (and your child) to feel overwhelmed. It is important to
begin by looking over your court papers, and learning about what is expected
of you and your child.
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Over
time, many children forget the time when they were in front of the judge and
may begin to create their own rules. This is when parental involvement again
becomes important. If your child does begin to act out again, you should try
to talk to them in a calm, clear manner to try to find out what may be going
on. Tell them that you are trying to understand them and want to help them
through these tough times. Do not threaten or yell at them because this could
only make the situation worse. If this does not work, you could use the court
system to your advantage. For example, if your child is involved with a detention
alternatives program then call the detention alternatives coordinator; if
your child is involved with Probation, call the probation officer. Speak to
them about what is going on.
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Keep
in mind that if your child’s behavior is out
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Everyone
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of
character, it could be an emotional or behavioral issue. Therefore, you will
want to have
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makes
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the
situation assessed by a mental health pro-
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mistakes
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…… If you are a young person involved with the
court system, it is important that you understand that you need to follow
what the judge tells you to do (refer to court order). You are responsible
for your actions, choices and decisions. Everyone makes mistakes, but it is
how you deal with them that counts. The most important thing to remember is
that you should never run from your problems because they will catch up with
you sooner or later. If you feel you need help or extra support, it is
important that you ask for what you need in order to succeed.
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How
the Juvenile Justice System Works
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1.
WHAT IS JUVENILE DELINQUENCY?
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Delinquency
is defined as an act by a juvenile which
if committed by an adult would constitute a crime, a disorderly persons
offense, a petty disorderly persons offense, or a violation of any other
penal statute, ordinance or regulation.
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2. WHY
IS MY CHILD IN THE JUVENILE COURT SYSTEM?
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Your
child will be appearing in court because someone has accused your child of
committing an act, which is against the law in New Jersey. The court will provide you with a copy of
the complaint describing the alleged illegal conduct.
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3. WHO
SIGNS JUVENILE DELINQUENCY COMPLAINTS?
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Police
sign most complaints based on either personal observation or information
supplied by others such as victims.
Complaints may also be signed by school officials or victims. Probation officers sign violation of
probation complaints.
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4.
CAN MY CHILD BE DETAINED BASED UPON THE SIGNING OF A COMPLAINT?
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A
child may be taken into custody and detained based on the nature of the offense,
the need to protect society, a past record of adjudications, the recent
failure to appear at court proceedings or failure to remain where placed by
the court or Court Intake Service. An adjudication occurs when the court
finds that your child has committed the offense(s) listed on the complaint.
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5. WHAT
HAPPENS IF MY CHILD IS DETAINED?
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At times,
the court may need to place your child in a detention facility. If your child is detained, an initial
detention hearing will be held as soon as possible, no later than the
following day after placement in detention.
At the hearing, you and your child will be told what the charges are
and whether or not an attorney will be required to represent your child. The charges are listed on the complaint.
You and your child will have a chance to ask questions about the process. At
the end of this hearing, the court will make the first decision about releasing
or detaining your child. A parent or guardian is expected to be present at
all hearings involving the child.
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6. WHAT
HAPPENS IF MY CHILD IS NOT RELEASED?
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If
your child is not released after the initial detention hearing, a detention
review hearing may be scheduled within five working days to determine
whether or not he / she is eligible to be released into a detention
alternative program. Or, if it is determined that your child should not be
released, the judge will schedule a “Counsel Mandatory Calendar Call.” At this hearing your child must be
represented by an attorney, either private or, if you qualify, a public
defender. The complaint may be disposed of at this hearing. If the matter is not disposed of, a trial
date will be given, or another Counsel Mandatory Calendar Call will be
scheduled.
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7. CAN
I ARRANGE FOR BAIL?
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Unlike
adult matters, there are no provisions for release on bail in juvenile cases.
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8. WHAT
HAPPENS NEXT?
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Court
personnel preliminarily review the matter and determine how the case will be
handled.
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9. WHAT
OPTIONS ARE AVAILABLE TO THE COURT AS FAR AS THE HANDLING OF MY CHILD’S CASE?
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A.
Juvenile Conference Committee (JCC)/ Intake Service Conference (ISC)
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B.
Informal Court/Juvenile Referee
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C.
Formal court proceeding before a judge
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A
Juvenile Conference Committee is a trained citizen volunteer panel appointed
by the court. An Intake Service Conference is conducted by a Judiciary staff
person. The court decides whether a complaint will be diverted (sent for
review by an alternate method of resolution), sent to the Juvenile Referee or
sent to court. If the complaint is not sent to court, it may be diverted to a
local Juvenile Conference Committee or to an Intake Service Conference to be
heard by a representative of the Family Division. Decisions to divert cases are based on the
nature of the offense, the age of your child, prior record, and willingness
of parties to cooperate. Juvenile
Conference Committee agreements and Intake Service Conference agreements are
not final until signed by a judge.
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2
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Support Resources
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Family Crisis Intervention Unit
(FCIU): 973-286-2966 Division of Child Behavioral Health Services
(DCBHS): 877-652-7624 Al-Anon: 973-744-8686 (support for family members of
alcoholics)
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www.nj-al-anon.org
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Alateen
(support for teens with alcoholism in family): 973-744-8686 Support groups
for relatives and friends of those who have alcohol, drug or behavior
problems.
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Families
Anonymous: 1-800-736-9805
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Essex
County Department of Citizen Services:
973-395-8400
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Hispanic
Affairs and Resource Center: 732-774-3282
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Jewish
Family and Children’s Services: 732-774-6886
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New
Jersey 211 First Call for Help: 211
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New
Jersey Division of Child Behavioral Health Services: 1-877-652-7624
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New
Jersey Self-Help Clearinghouse: 1-800-367-6274 Maintains a database of over
4,500 self-help groups statewide.
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Parents
Anonymous of New Jersey (24 Hour Stress line): 1-800-843-5437 Confidential
peer support groups around child abuse and neglect.
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Parents
Support Group of New Jersey: 973-736-3344
Confidential support groups for parents around substance abuse.
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Statewide
Parents Advocacy Network (SPAN): 1-800-654-SPAN
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Tough
Love International: 1-800-333-1069
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Support
is necessary for everyone. We all need it. We especially need support during
times of stress or when we or the people we love are involved in a crisis.
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Reaching
out for support is sometimes difficult to do. We often think we should be
able to handle a difficult situation on our own - that we will appear weak or
ineffectual if we ask for help or even a listening ear. Sometimes we wonder
what people will think of us or whether we will be judged. At other times we
may blame ourselves and decide to tough it out all alone.
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No
matter what you are going through, you are not alone. There are always many
others in the same situation. Finding the right support for you in a time of
difficulty is easier than you might think. Supportive individuals and
organizations are available:
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Your church or religious group
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Your school counselor or school-based youth services
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Your local counseling or community center
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Your friends and neighbors
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Your extended family network
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Family Crisis Intervention Unit (FCIU)
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Division of Child Behavioral Health Services (DCBHS)
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Help line and support groups
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Community collaborations
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All of
these organizations can offer support through direct counseling, one-to-one
conversations, groups, family/ peer contact, information and referral or
activities.
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22
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10. WHAT
HAPPENS IF MY CHILD AND I CANNOT KEEP THE COURT DATE?
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Notice
of court dates will be given to you well in advance of the scheduled court
dates. You, your child or your child’s lawyer, if he or she has one, must
notify the court when your child cannot appear. If the court is not notified, the judge may
issue a warrant for your child.
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11. DOES
MY CHILD NEED A LAWYER?
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You
may hire an attorney for any court appearance. Not all proceedings require
an attorney.
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Complaints
handled by the Juvenile Conference Committee, an Intake Service Conference,
or juvenile referee do not require an attorney.
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In all
formal court proceedings before a judge, your child must have an
attorney. This type of proceeding is known as a counsel mandatory court
proceeding or as formal court. If there is a possibility of removing your
child from home, the court will require your child to be represented by an
attorney. If you cannot afford an attorney, you must, on behalf of your
child, submit an application (also known as a 5A form) to the court to
determine if your child is eligible to receive the services of a public
defender or a court-appointed attorney. If you fail to complete an
application for assignment of counsel, the court may issue a warrant for your
arrest.
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12. WHAT
HAPPENS AT THE NEXT HEARING?
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If the
judge finds that your child has committed the offense(s) charged, the judge
will enter a disposition.
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13. WHAT
TYPES OF DISPOSITIONS, CONDITIONS, AND/OR CONSEQUENCES CAN BE IMPOSED?
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Depending
on the seriousness of the offense, the court may send your child to the
following types of court appearances.
A diverted complaint will be referred to the Juvenile Conference
Committee or an Intake Services Conference.
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For
Matters Handled by the Juvenile Conference Committee or Intake Services
Conference:
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The
parent, the juvenile and the person who filed the complaint are invited to
discuss the offense and other related factors. The committee/intake officer
does not have the authority to determine delinquency. This is an informal discussion of the
events and all parties must be in agreement.
Attorneys are not required. There is no chance of confinement. The disposition recommendations will be
placed on an agreement/court order signed by the child, his or her
parent/legal guardian and the person who filed the complaint. This agreement
will then be forwarded to the court for final approval. The resolution of the case may include
conditions such as a curfew, counseling, evaluation, community service,
restitution, or any condition, which will aid in the child’s rehabilitation.
If after hearing the proposed conditions, there is a disagreement among the
parties, the terms may be negotiated to all parties’ satisfaction or if that
is not possible, the case may be sent back to the court. If all agree to the conditions, the
Juvenile Conference Committee or intake staff person will monitor the
completion of the conditions. Upon
successful completion of the agreed upon conditions, the case is
dismissed. If your child fails to
complete the conditions of diversion and/or new complaints are signed prior
to the dismissal, the original complaint will go back to court and may be
heard by a judge. For additional information, please call 973-693-6775.
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Juvenile
Auto Theft Prevention Program (JATPP): The goal of the
program is to inform juvenile offenders and parents about the consequences of
auto theft. JATPP emphasizes the development of personal values,
decision-making, respect for the property of others, critical thinking,
conflict management skills and the importance of education. Attendees are
referred by the court when the primary charges are auto-theft related and the
juvenile has never been previously adjudicated delinquent. JATPP requires
two sessions, which focus on the incident and the participation of both the
parent(s) and the juvenile. Community agencies offer guidance and support, and
the coordinator and volunteers offer comments and encouragement. For
additional information about the program, please call 973-693-6677.
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4
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If you
need the name and phone number of your local district, contact the Essex
County Superintendent of Schools' Office at 973-395-4677. The Essex
County Superintendent of Schools’ Office is located at 7
Glenwood Avenue, Suite 404, East Orange, NJ 07018. This office
mediates between parents and the school district. They can advise you on how
to request formal mediation from the school district. They can also inform
you on how to make a complaint or give you information on due process.
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Help
from outside the school district is available if you feel frustrated after
you have taken the steps above.
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Education
Resources
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Parent
Peer Support:
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Statewide Parent Advocacy Network: 1-800-654-SPAN
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This
group can help you understand your child’s educational rights www.spannj.org.
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Professional
Advocates:
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The
Association for Children of NJ (ACNJ): 973-643-3876
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ACNJ
advocates on behalf of children and families in the State of NJ. This group
has attorneys on staff that may address a variety of concerns including, but
not limited to: children’s health, safety and education. www.acnj.org
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The
Education Law Center: 973-624-1815
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The
Education Law Center advocates on behalf of public school children for access
to an equal and adequate education under state and federal laws. www.edlawcenter.org
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Community Health Law Project: 973-275-1175
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Legal
advocacy (non-criminal) for low-income families and individuals who are
physically or emotionally challenged.
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21
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Education Issues
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One
factor which is crucial to your child's ability to succeed in school is your
involvement. The purpose of this section in this guide is to assist families
in finding the right educational resources for their children.
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There
is no obligation to tell the school that your child was arrested or was in
detention. Unless it affects your child's education, you may keep it private.
If you decide to let the school know, the place to start is your child's
guidance counselor. He or she will help you and your child plan what to do
with school.
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Your
child should be able to go back to school. If not, you should be given a good
reason, and another plan should be made immediately for your child’s
education.
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Under
New Jersey, law N.J.S.A. 18A:-37-8, any pupil who is removed from the regular
education program shall be placed in an alternative education program. If
placement in an alternative education program is not available, the student
should be provided home instruction or other suitable facilities and programs
until placement is available.
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School
districts in New Jersey have control over the educational programs which are
offered to students. If your child is participating in any detention
alternative program and can't attend school, the school district can use a
variety of educational programs to meet the student's current grade
requirements.
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If
your child is classified, you should have received a booklet called
"PRISE" (Parental Rights In Special Education). This booklet
outlines all of the steps you can take in working with the staff in the
school, your district, and the state. Ask school officials for this booklet
if you do not have it.
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For classified students,
educational strategies may include placement in an alternative school, home
tutoring, the New Jersey Virtual High School (an online option) or other
district program. The ultimate goal of these alternative placements is to
allow your child to continue their education. If the school is not giving you
answers or you do not have confidence in the answers, you can take these
steps:
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Prevention,
Intervention and Education (PIE): PIE is a
program for juveniles arrested for the first time for substance abuse related
offenses. There are four mandatory educational sessions which must be
attended by the juvenile and a parent or guardian. The sessions are held at Integrity
House, their address is: 103 Lincoln Park, Newark, N.J. For
further information contact Integrity House directly at:
973-623-0600.
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Juvenile
Referee Program:
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Juvenile
Referees operate in accordance with NJ Court Rule 5:25-2 and hear informal
juvenile matters for which attorney representation is not mandatory. Referees
can recommend dismissal of a complaint or make an adjudication (finding) of
delinquency. Cases screened for the Juvenile Referee are the third and
highest level for hearing informal matters. The first level is JCC and
the second level is ISC.
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Juvenile
Referees must meet certain educational requirements as established by law,
and operate as an arm of the court to accept pleas to offenses of the second,
third and fourth degrees and can recommend the same disposition alternatives
as a Family Court Judge. These alternatives include but are not limited to:
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All dispositions recommended by the
Juvenile Referee are written in a court order and submitted to the Family
Court Judge for approval and signature. All matters not resolved by the
Juvenile Referee are referred for a formal court hearing. For additional
information, please call 973-693-6775.
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5
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For
Matters Handled by a Judge:
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A
judge oversees the court hearing. At
this hearing, your child will be expected to enter a plea admitting or
denying the charge. These court cases
are placed on either the informal or the formal calendar. If the case is on the informal calendar
(also known as counsel non-mandatory), your child may have an attorney, but
it is not a requirement. If the case
is on the formal calendar (counsel mandatory), an attorney is required. If you cannot afford an attorney, you (the
parent/guardian) will be advised to complete a form to determine eligibility
for public defender services. If you
do not qualify, you must make arrangements to obtain a lawyer. It is possible
that an attorney will be assigned to represent your child and that you will
be obligated to pay the attorney at the conclusion of the case for the
reasonable value of his or her services.
If the facts are disputed, the judge will decide the case. If the judge finds your child delinquent,
the judge will impose a disposition in accordance with New Jersey law. If you disagree with the judge’s decision,
you may file an appeal within 45 days.
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The
court may order any disposition to aid in your child’s rehabilitation and to
reinforce your child’s accountability. This may include fines, community
service and/or a term of supervision such as probation or deferred
disposition. Probation offers
juveniles the opportunity to remain in the community under supervision by a
probation officer who monitors their compliance with rules and conditions
imposed by the judge.
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Probation
may last for a period of up to three years.
If your child does not obey the conditions of probation, there will be
consequences such as increased probation reporting or a curfew, and your
child could be charged with a violation of probation. If all conditions are
met and your child shows significant progress, your child may earn an
earlier end to the probation term. In
some instances, formal disposition may be deferred (put off) for up to one
year. During this time period, your child must complete any special conditions
ordered by the judge and must not be charged with a new offense during this
time. If he or she meets all conditions during the deferral period, an order
will be entered dismissing the complaint.
If conditions are not met, the original complaint will go back to
court and be heard by the judge.
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In
addition to the above, for cases on the formal counsel mandatory calendar
only, the judge also has the option of ordering a period of confinement in a
juvenile detention facility, incarceration in a correctional facility for
youth, out of home placement, or a clinical residential treatment or
residential drug and alcohol treatment program. Although the judge has the
power to incarcerate your child, this
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6
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If your
child may need birth control
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If your
child may be pregnant
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Many
health resources are available to you and your child. It is most important to find a provider who maintains
a current health history and is available for preventative and acute care
service. Most services are covered by Medicaid or private insurance, and
sliding scales based on income (proof of income may be required) are
available.
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A list
of private doctors can be obtained from your local hospital or you may call
your health insurance provider for a list of doctors in your area.
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Health
Resources
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New
Jersey Family Health Line: 800-328-3838
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Essex
County Division of Welfare/Citizen Service Centers: 973-733-3000
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Gateway
Northwest Maternal and Child Health Consortium, Inc.: 973-268-2280
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NJ
Family Care (Health Coverage): 800-701-0710 or 973-733-2440
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~ Newark,
Nutley, Belleville, Irvington:
973-395-8165
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~ East
Orange, Montclair, Orange and other
suburbs: 973-395-8000
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Most
teenagers are healthy, but if you or your child are worried about their
health, there are resources.
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Every
youth should have a health practitioner who knows them. This could be a
pediatrician, a nurse practitioner, a family doctor, a primary care center or
a clinic. Regular routine physicals and health screenings can help the health
practitioner know your child.
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You
should pay attention to your child's healthcare:
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If
he or she doesn't have a practitioner who knows them
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If
your child hasn't seen a doctor for a routine physical in one year
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If
your child has been diagnosed with a chronic illness such as diabetes,
asthma, or seizure disorder and does not have follow-up appointments
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If your
child needs immunizations
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If
your child experiences any adverse physical symptom which may include:
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1.
nutritional imbalances (underweight, overweight, eating disorders)
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2.
frequent headaches
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3.
vomiting, diarrhea, frequent stomach aches
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4.
fever
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5.
chronic fatigue or tiredness
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6.
pain that doesn't go away
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7.
anything else that worries you or your child
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If
you suspect that your child is sexually active, may have a sexually
transmitted disease, or may be having unprotected sex
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does not mean that the
judge will choose this as an option if your child is found delinquent. The
judge may order a pre-disposition report to be completed by a court officer.
This report will help the judge in determining the appropriate disposition.
When there is a chance of incarceration, your child must be represented by an
attorney and you may direct questions to the attorney.
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RIGHT
TO APPEAL
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If,
after the final court order disposing of the case, your child disagrees with
the outcome, he or she has the right to appeal the findings of the court
within 45 days. Information on appeals may be found on the Judiciary web site
at:
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njcourtsonline.com.
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14. CAN A JUVENILE RECORD BE EXPUNGED?
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In New Jersey, an expungement is the extraction and isolation of
all records on file within any court, detention or correctional facility, law
enforcement or criminal justice agency concerning a person’s detection,
apprehension, arrest, detention, trial or disposition of an offense within
the criminal justice system. This includes juvenile records. For certain juvenile matters, expungement
is permitted if a period of five years has passed since the final discharge
of the person from legal custody or supervision or if five years have passed
since the entry of any other court order not involving custody or
supervision. Certain offenses may not be expunged.
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In order to request an expungement, you may want to see an
attorney. If you cannot afford an attorney and would like to process the
required legal paperwork as a self-represented court user, the forms may be
obtained from the Juvenile Unit. You
may also want to contact your local Legal Services office. They offer legal
assistance to low-income individuals (see pg. 13). If the police, charging
authority, prosecutor, and probation officer do not object to the expungement
request, the court may enter the expungement order. If all of the parties listed are not in
agreement, a hearing must be held.
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If a juvenile record is expunged, then, in most but not all
cases, the fact that your child was taken into custody or adjudicated
delinquent will be deemed not to have occurred. If you need additional information regarding
expungements, you may contact an attorney and/or review Title 2C of the New
Jersey Statutes. (N.J.S.A. 2C:52-1 through 32).
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Essex County Detention
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Detention alternatives provide short-term levels of supervision
to appropriate youth in the community while they await the final disposition
of their case. These youth would otherwise be placed in a secure detention
facility while awaiting their court hearing.
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Goal
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The overall purpose of all of the Essex County alternative
programs is to supervise youth in the community pending the disposition of
their juvenile court cases, and in the process:
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(a) Ensure the youth’s future appearance at court hearings.
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(b) Maintain public safety by assisting the youth in remaining
arrest free.
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Home Detention
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This involves community supervision through the use of random,
surprise, home visits by a community youth worker. Supervision includes five
(5) random visits per week, including both Saturday and Sunday, each
visit lasts ten (10) minutes.
Approximate duration in the program is 0 to 60 days.
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Evening Reporting Center
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This
involves supervision through the use of a community center at which youth are
required to report daily, during the crime-prone evening hours. Juveniles
must report to the center from Monday through Friday and must remain at the
center from 4:00 p.m. to 8:00 p.m. each day (i.e., 20 hours per week). They
are picked up from home or school at 3:00 p.m. and transported to the center
where they remain until they are dropped off at home at 9:00 p.m. Juveniles
also receive random monitoring by home detention staff on weekends.
Approximate duration in the program is 0 to 45 days.
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8
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Newark Community Health Centers, Inc.: 973-483-1300 St. Barnabas Pediatric
Psychiatry (Livingston, NJ):
973-322-7600 UMDNJ – UBHC Crisis Outpatient services: 973-972-6100
Youth Development Clinic: 973-623-5080
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500 Broad Street, 3rd Floor,
Newark, NJ
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(See section on Support p. 23 for additional support resources)
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If there is a
crisis:
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Call 911 If an emergency.
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Take child to a local
emergency room.
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Essex
County Juvenile Detention Center (Off-Hour Crisis Response) 4 p.m.– 9 a.m.
weekdays, All day on weekends and holidays: 973-497-4735 (leave name and
number for the Crisis Worker to return your call).
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Lead Agencies:
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If
you are covered by insurance, call your insurance company for a referral to a
mental health provider in your area.
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Mental
Health Association of N.J./N.J. Mental Health Cares Hotline: 866-202-4357
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New
Jersey Division of Child Behavioral Health 1-877-652-7624 (Contracted Systems
Administrator - Value Options)
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FACES (youth support)
1-877-NJFACES
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The Bridge, Inc.,
Irvington, N.J.: 973-372-2624
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Cathedral
Healthcare System/St. Michael’s Medical Center: 973-877-5621
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Catholic Charities
Referral Line: 1-800-227-7413
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Clara
Maass/Women’s Health Center: 973-450-2890
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Community Healthcare
Network: 973-450-3100
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Covenant House: 973-621-8705
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El Club Del
Barrio/ Health & Child Care: 973-624-4222
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Essex
County Division of Mental Health & Guardianship Advocacy: 973-648-3847
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Foundation
of UMDNJ, The September 11 Children & Youth Support: 973-972-4830
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Independence:
A Family of Services, Inc.: 973-589-0959
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Irvington
Counseling Center, Inc.: 973-399-3132
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Irvington
Family Development Center:
973-372-4353
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Mental
Health Association/Essex/Family Resource Center: 973-509-9777
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New Community
Corporation: 973-623-2800
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Electronic
Monitoring
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This
supervision method is through the use of electronic monitoring tracking
equipment by a community youth worker. The equipment is attached to a telephone
land-line in the juvenile’s home. Supervision includes daily, random, and telephone
contact by the electronic monitoring vendor. There is also, frequent review
of the equipment by a community youth worker. The approximate duration in the
program is 0 to 60 days.
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Wireless
Electronic Monitoring
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This
supervision method is through use of wireless transmission tracking equipment
by the supervising community youth worker. Supervision includes daily,
random, frequent monitoring via a wireless transmission signal and frequent review of the equipment by a
community youth worker. The approximate duration in the program is 0 to 60
days.
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Probation
Detention Alternatives
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This
supervision method is through use of home confinement, reporting to the
probation department, participation in field visits at approved locations,
and cooperation with additional services as determined by staff. Supervision
includes four contacts per week by a probation officer, two of which are
face-to-face. Also, the juvenile must report to the probation department at
least once per week. Approximate duration is 0 to 45 days.
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Many
youth in our community are using alcohol and other substances such as
marijuana, cocaine and heroin at increasing rates. Use of these substances
often results in contact with the police or legal system, either due to
possession of the substances, or other behaviors related to obtaining,
buying or selling illegal substances.
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You
may be concerned that your child is just beginning to develop a problem with
alcohol or substances, or you may already be certain that they have a serious
substance abuse problem. If so, you and your child may need help. No one can
confront substance abuse alone.
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Counseling
for substance abuse issues can be done individually, in groups, and with the
whole family. At times, participating in a program several times a week or going
away to a residential rehabilitation program may be needed. In addition,
there are free support groups in the community, called "12 step meetings"
for youth as well as their families, these include Alcoholics Anonymous,
Families Anonymous and Narcotics Anonymous.
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If you
suspect your child is using substances, it is important that you take the
first step and take your child for evaluation by a qualified substance abuse
professional. With this professional, you will be able to decide what type of
professional services to seek, and develop a plan to intervene in ways that
will be most effective.
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Recognize
some signs of substance use, such as:
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Changes
in friends, especially if your child is hanging out with others you know or
suspect use substances
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Staying
out late, especially if you do not know where your child is
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Avoiding
contact with family after being out with friends
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Missing
school or important family events
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Money or
valuables missing
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Odd
behaviors and appearance
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Any
parent, guardian or caretaker can call 1-877-652-7624 to connect with the
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N.J.
Division of Child Behavioral Health Services and ask that a needs assessment
be done for their child. The assessment will determine what kind of care your
child may need. You could be connected directly to services in your community
or, if issues are more challenging, a case manager may be assigned to work
with your child and family. The case manager will help you come up with plans
to address your concerns.
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If
your child is at risk for hospitalization or not being able to remain in your
home, you can ask for the “Children’s Mobile Response and Stabilization Service”
to come to your home to help calm the crisis and help your child remain stable
at home. (See the resource section on the next page for contact information).
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Please
keep in mind that youth who are at immediate risk for harming themselves or
others should be taken to the hospital for emergency screening. It is
important that if a doctor prescribes medication for your child that you be
certain it is taken in the prescribed manner. Medication can often help the
situation improve quickly if properly managed.
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Mental Health Issues
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Youth
getting in trouble with the police or the legal system may have unrecognized
or untreated mental health issues that are contributing to their difficulty
in staying out of trouble. Issues may include: Attention Deficit Disorder and
difficulties with impulse control; depression and other issues with mood; or
anxiety or reactions to serious or traumatic events. For some youth, getting
in legal trouble can bring a child or family's personal issues to the
surface. They may need help to cope
with the situation and prevent further problems.
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Your
child might need mental/behavioral healthcare assistance if you
notice:
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Your
child frequently gets into arguments, has difficulty paying attention or
staying focused, repeatedly gets in trouble in school for distracting others,
and often does not complete assignments.
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Your
child is irritable, feels hopeless, has lost interest in their usual activities, is withdrawing from family
and friends, and has difficulty maintaining a regular sleep schedule.
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Your
child has been through a very distressing event such as the loss of a close
family member or friend or was a witness or victim of violence or assault,
and experiences changes in mood, concentration, or sleep patterns after this
event.
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Your
child has difficulty managing anger and often seems to have conflict with
peers or dealing with conflict within the family.
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Many resources are available and listed in
this guide to assist you in recognizing, understanding, and getting help.
The first step is a comprehensive evaluation and deciding, with a behavioral
healthcare provider, what is the best type of help for your child. Most
services are covered by Medicaid or private insurance, and sliding scales
for payment (based on proof of income) are available when needed. Individual
or family counseling, group counseling, and evaluation by a medical doctor
(psychiatrist) may be needed to help. In addition, support groups and case
management programs are available in the community to help coordinate services.
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Domestic Violence Issues
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Domestic
violence is a pattern of abusive behavior used to maintain control or assert
power over a spouse, former spouse, co-parent, co-expectant parent or dating
partner or a present or former household member. Abusive behaviors are not
limited to physical violence such as punching or kicking, they also include
psychological, verbal, sexual and economic abuse. Domestic Violence can also
involve a pattern of coercive behavior in intimate
relationships whereby the behavior of another person is controlled through
humiliation, intimidation, fear, and often intentional physical, emotional or
sexual injury. Domestic Violence crosses all ethnic, socioeconomic and
age groups and is also prevalent in same sex relationships.
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EXAMPLES
OF ABUSIVE BEHAVIORS INCLUDE: Physical: Hitting,
slapping, pushing, biting, punching, choking and restraining. Psychological: Making partner feel
insecure, attacks on self esteem, blaming, criticizing, manipulation, making
partner feel crazy, humiliating and creating feelings of guilt. Intimidation:
Threatening looks or behavior, throwing objects, breaking things, punching
walls, and playing on partner’s fears.
Isolation: Stopping the person from seeing friends and family,
sabotaging relationships, pressuring partner into giving up activities or
work, and keeping tabs on partner. Verbal: Cursing, swearing, yelling,
put downs, name calling, and criticizing thoughts and feelings. Sexual:
Any non-consenting sexual act or behavior, unwanted sexual contact, comments
or gesturing within a relationship, and manipulating a partner into doing
something sexual they do not feel comfortable with. Economic:
Controlling all finances, and preventing partner from getting a job.
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New
Jersey Domestic Violence Protection Process Under
N.J. law, one or more of the following crimes constitutes an act of domestic
violence: homicide, assault, terroristic threats, kidnapping, false
imprisonment, sexual assault, lewdness, criminal trespass or mischief,
harassment, stalking, criminal restraint, criminal sexual contact, burglary.
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To be
protected under New Jersey’s domestic violence law, the abuser and victim
must have a personal relationship at present or in the past. These relationships can include: marriage,
separation, divorce or living together in the same household at present or in
the past. Relationships can include a person whom the victim has dated (the
defendant must be 18 years or older or an emancipated minor) or a person with
whom the victim has or will have a child. Gay/lesbian relationships also are
included.
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Victims
of domestic violence can seek both criminal (charges filed by the police and
prosecuted) and civil (restraining order) relief. A criminal complaint can be filed at the
police department or municipal court in the town where the violent incident
occurred.
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A civil
complaint can be filed at the Domestic Violence Unit of the Family Division,
located
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on the
12th floor of the Wilentz Justice Complex, 212
Washington Street, Room 1251, Newark, N.J., Monday through Friday between
the hours of 8:30 a.m. and 3:30 p.m. After 3:30
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p.m.
and on weekends or holidays, a complaint can be filed at the victim’s local
police department or the local police department where the incident
occurred.
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A restraining
order is an order issued by a court that is intended to protect a victim of
domestic violence. The provisions contained in this type of court order are
based upon the circumstances and vary from case to case. In New Jersey, courts can issue emergency
orders (“TROs”) and permanent orders (“FROs”).
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A safe
waiting room is available on the 12th floor to all victims and their families
whenever they are in the courthouse.
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There
is no time limit on restraining orders in New Jersey. A final (permanent) restraining order lasts
indefinitely, unless the victim decides to dismiss the complaint.
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Domestic
Violence Resources
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For
victim information, referrals, direct services, shelter care or emergency housing and
financial assistance
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Legal Services
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For victims:
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Partners
for Women and Justice 973-233-0111 Rutgers Law School Domestic Violence
Advocacy Project 973-353-3350 Seton Hall Law Clinic 973-642-8700
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For
all litigants: Essex County Bar Association (lawyer referral
service) 973-622-6204 Essex Newark Legal Services 973-624-4500 American
Friends Service Committee (Immigration Issues) 973-643-1924 Catholic
Community Services Immigration Law Program 973-733-3516 Legal Services of NJ
Immigration Representation Project 1-888-576-5529
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