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Legal Information: New Jersey

Custody

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Laws current as of October 23, 2024

Do I have to go to mediation even if I am a domestic violence victim?

The judge will not refer the case for mediation if you have a temporary or final restraining order against the other party. In cases where there is domestic violence but no restraining order has been issued, or in cases involving child abuse or sexual abuse, the judge can still refer the custody or parenting time issues to mediation. However, domestic violence, child abuse, and sexual abuse issues would not be mediated. If you are referred to mediation, you can ask the judge to remove your case from mediation. The judge will do so if there is “good cause” for it.1

1 N.J. Court Rules, R. 1:40-5(a)(1)

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