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Glossary of Terms

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Terms used or coined in the LoveAndDivorce Web Site
Legal Terms

We have attempted to include all of the legal jargon commonly in use and as used on this site. If you find any words or phases not defined in the glossary, please use the email link in the footer to let us know so we can add the word or phrase to his glossary.


LoveAndDivorce Glossary


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Emotional Divorce

The Emotional Divorce is the emotional process of grieveing over the loss of the martial relationship. In consists of five emotional stages that one pass through to become emotionally divorced:

  1. Shock and Denial - This can not be happening. This is only a set-back that we must work through. Given time he/she will change his/her mind;
  2. Bargaining - I'll do whatever it takes, I'll change, we can work this out.
  3. Anger - It is not uncommon for depression, or rage and assertion that ...you did not do... | ...its your own fault that.... This is the most dangerous stage during the Legal Divorce because it injects irrational and negative emotionally charged conditions into the process;
  4. Guilt - Sadness and guilt over the loss and viewing the possibility of divorce as inevitable;
  5. Acceptance - The acceptance of the inevitablity of divorce as the untimate conclusion is also described as Being Resolved.


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Life MateTM

A Life Mate is a person of inter-dependent maturity who values their partner's contribution to the relationship more than their own preferences, and whose needs in the relationship are satisfied by the actual contribution of the other person.

Love DilemmaTM

The Love Dilemma is the reluctance to challenge the "minor issues" as one begins to fall in love. The fear that the entire investment into the relationship may be lost if a minor issue is challenged creates a fear of loss that usually leads one to either:

  • Ignore the issue and assume you will deal with it later, or
  • Repress the issue because it is only Minor, or
  • Assume you can change the other party after you are married and the commitment level is solidified.


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Mediation Friendly Attorney

Mediation Friendly is not a rubber stamp, but an understanding that the decisions and control are released to the client and the attorney is merely an educator, consultant and facilitator of the client's intent.


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Neuro-Associative Patterns

The default reactions that we have learned as a result of life experiences that affect how we feel about and judge a situation or circumstance.


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Soul Mate

The cruel myth that there exisits one unique person, our exact Soul Mate, who is so perfectly matched that we would never fight, never disagree and remain eternally happy no matter what happens.


Legal Glossary


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Abandonment

Abandonment of a child shall consist in any of the following acts by anyone having the custody or control of the child:

  1. Willfully forsaking a child;
  2. Failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient protection;
  3. Failing to care for and keep the control and custody of a child so that the child shall be liable to be supported and maintained at the expense of the public, or by child caring societies or private persons not legally chargeable with its or their care, custody and control.

Absent Parent

The parent who does not live with or have custody of the child and does not have responsibility for paying child support. have responsibility for paying child support.

Abuse

Abuse of a child shall consist in any of the following acts:

  1. Disposing of the custody of a child contrary to law;
  2. Employing or permitting a child to be employed in any vocation or employment injurious to its health or dangerous to its life or limb, or contrary to the laws of this state;
  3. Employing or permitting a child to be employed in any occupation, employment or vocation dangerous to the morals of such child;
  4. The habitual use by the parent or by a person having the custody and control of a child, in the hearing of such child, of profane, indecent or obscene language;
  5. The performing of any indecent, immoral or unlawful act or deed, in the presence of a child that may tend to debauch or endanger or degrade the morals of such child;
  6. Permitting or allowing any other person to perform any indecent, immoral or unlawful act in the presence of the child that may tend to debauch or endanger the morals of such child;
  7. Using excessive physical restraint on the child under circumstances which do not indicate that the child’s behavior is harmful to himself, others or property; or
  8. In an institution as defined in section 1 of P.L. 1974 c. 119 (C.9:6-8.2l), willfully isolating the child from ordinary social contact under circumstances which indicate emotional or social deprivation.

Accrue

Means money due and owing which is increasing because of non-payment. (See Arrears).

Acknowledgment

A statement recognizing acceptance of responsibility or a short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged.

Acknowledgment of Service

Written document signed by the person who is served and who gets copies of documents (i.e., complaint, answer & counterclaim or motions) that he/she has received those documents [R.4:4-6].

ACSES

Automated Child Support Enforcement System is the central registry for all child support cases.

Ad Litem

A Latin term meaning for the purposes of the suit being prosecuted.

Adjudication

A judicial decision or sentence.

Admissible evidence

Evidence that can be legally and properly introduced during the course of a trial

Admonish

To advise, caution, express warning or disapproval, the court may caution or admonish counsel for wrong practices.

Adontion and Safe Families Act of 1997

Changed federal child welfare law to enhance permanency for children in foster care placement. Key provisions of the law include: a renewed emphasis on the child’s health and safety; an identification of cases in which reasonable efforts to preserve or reunify the family are not required; strong support for concurrent planning; an expanded role for foster parents; a permanency hearing within 12 months of the date of the child’s placement; and a requirement that termination of parental rights be initiated for certain children.

Adontion Resource Center

Agency of the Division of Youth and Family Services that places children with approved adoptive parents, who will legally provide care, love and permanency in a child’s life.

Affiant

A person who makes and signs an affidavit.

Affidavit

A sworn statement filed with the court by a party to an action to its truth before either a notary public or a person authorized to witness signatures in the state of New Jersey.

Affidavit of Non-Military Service

A sworn statement filed with the court by a party to an action affirming the other party is not a member of the United States Military Service.

Affidavit of Service

A written document that states an individual has served (given) legal documents on a party.

Affidavit of Verification and Non-Collusion

A sworn statement filed with the court by a party to an action that they are affirming what has been set forth is the truth and no one is compelling them to do it.

Aggravating Factor

The factors that are to be considered in formulating and imposing a disposition.

Aid and Abet

To actively, knowingly or intentionally assist another person in the commission or attempted commission of a crime.

Aid to Families with DeDendent Children

Public assistance (welfare) to families with dependent children.

Alimony

Support paid by one spouse to the other for a period of time found to be appropriate by a court.

Allegation

A statement by a party in a legal action of the issues put forth in a written document (a pleading) which a person is prepared to prove in court.

Alternative Dispute Resolution

Methods utilized when settling a dispute without a full, formal trial, mediation, conciliation, arbitration, among others.

Amended complaint

To alter, by making an addition to, or subtraction from, an already existing complaint.

Annulment

A request by a party to have the court declare that a marriage is invalid and therefore non-existent.

Answer

The defendant’s response to the plaintiffs allegations as stated in a complaint.

Appeal

A request made after a decision of the court, asking a higher court to decide whether the trial was conducted properly.

Appearance

The formal proceeding by which a defendant submits to the jurisdiction of the court, or a written notification to the court and parties by an attorney stating that he or she is representing one of the parties.

Appellate Court

A court having jurisdiction to hear appeals and review a trial court’s procedure.

Application for Arrest Warrant

A document filed with the court in which a person asks the court to have another person arrested and brought before the court in order to obtain compliance with a court order.

Arraignment

A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Sometimes called a preliminary hearing or initial appearance.

Arrears or Arrearages

Money owed by one person to another person which remains unpaid, ex, if a father is ordered to pay child support of$lOO per week and that money has not been paid for five weeks, the “arrearages” are $500 and are accruing at a rate of $100 per week.

Arrest

To take into custody by legal authority.

Assault

A threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily hann. See N.J.S.A. 2C:12-l.

Assignment Judge

The administrative judge responsible for an entire vicinage court system.

Assignment of Support Right

A person gives up all of his/her child support rights to the county, in exchange for AFDC (welfare) or Medicaid benefits.

Assistant Family Division Manager

Assists the Vicinage Family Division Manager in the management of the Family Division.

Assistant Trial Court Administrator

Assists the Trial Court Administrator in the management of all trial courts in the vicinage.

Attachment/Attach

Taking a person’s property to satisfy a court ordered debt.

Attorney

An advocate, counsel or official agent licensed to practice law, employed in preparing, managing and trying cases in the courts.

Attorney of Record

The principal attorney in a lawsuit who signs all formal documents relating to the suit.


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Bail

Money or other security (in some instances referred to as a bail bond) provided to the court to temporarily allow a person’s release from jail and assure his or her appearance in court. Cash may be accepted, and in proper cases, no security need be required. Where security is required, the surety shall be an approved corporate surety. Real estate may be accepted as bail. Ten percent cash bail, with the defendant’s execution of a recognizance for the remaining ninety percent, may be accepted except in first or second degree cases.

Bankruptcy

Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. The person with the debts is called the debtor and the people or companies to whom the debtor owes money are called creditors.

Bar

Historically, the partition separating the general public from the space occupied by the judges, lawyers and other participants in a trial. More commonly, the term means the whole body of lawyers.

Bar Examination

A state examination taken by prospective lawyers in order to be admitted and licensed to practice law.

Bench Trial

A trial without a jury in which a judge decides the facts.

Bench Warrant

An order from the court empowering the proper legal authorities to seize a person either in case of contempt or to compel one’s attendance before the Court (see Warrant).

Beneficiary

Someone named to receive property or benefits, ~ in a will or insurance policy. In a trust, a person who is to receive benefits from the trust.

Beyond a Reasonable Doubt

The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.

Bond

The amount required to be posted to ensure a person’s appearance in court or to satisfy arrearages due on a child support order. Also referred to as a purge amount or “release figure”. (See definition of Purge Amount). Crimes with bail restrictions, meaning crimes of the first or second degree, charged under specified sections of the Code of Criminal Justice, require that bail be posted in the form of cash, a surety bond executed by an authorized corporation, or a bail bond secured by real property.

Brief

A written statement prepared in a lawsuit to explain to the court the facts of a case and the applicable law as viewed by the party/attorney submitting the brief.

Burden of Proof

In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof) is not the same as the standard of proof. Burden of proof deals with which side must establish a point or points; standard of proof indicates the degree to which the point must be proven. For example, in a civil case the burden of proof rests with the plaintiff, who must establish his or her case by such standards of proof as a preponderance of evidence or clear and convincing evidence.


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Calendar

The list of cases scheduled for hearing in court.

Caption

The heading on a legal document listing the parties, the court, the case number and related information.

Case Information Statement (CIS)

A form, primarily seeking financial information, filed with the Family Court in accordance with N.J. Court Rule 5:5-2.

Case Law

The aggregate of reported cases as forming a body of jurisprudence, or the law of a particular subject as evidenced or formed by the adjudged cases, in distinction to statutes and other sources of law.

Case Management Conference (CMC)

Counsel for both sides of a lawsuit that have contact with the judge, or a judiciary staff member, by telephone or in person, to determine outstanding issues, in order to resolve the matter or proceed to trial. In a matrimonial action the issues involve financial or custody/parenting time matters. See R.5:5-6.

Cause of action

The facts that give rise to a lawsuit or a legal claim.

Certificate of Parentage (COP)

A voluntary acknowledgment of paternity by a father.

Certification

The person signing a document filed with the court certifying that he/she is aware that he/she can be punished for not filing a true statement.

Certified Copy

A copy of a document or record, signed and certified as a true copy by the officer to whose custody the original is entrusted.

Chambers

A judge’s private office. A hearing in chambers takes place in the judge’s office outside the presence of the jury and the public.

Chancery Division - Family Part

In New Jersey, a division of the court which decides family matters and other special cases as defined by the law.

Change of Venue

Moving a lawsuit or trial to another place/county for trial.

Child

Any person under the age of 18 years; a person whether over or under the age of majority, who is, or is alleged to be, owed a duty of support by the person’s parent; or who is, or is alleged to be, the beneficiary of a support order directed to the parent. (See also Emancipated Minor).

Child Assessment Resource Team (CART)

Representatives from social service agencies who provide recommendations regarding service plans for children and youth with special emotional needs.

Child Placement Review Board (CPRB)

A volunteer review board that oversees all children placed by the Division of Youth and Family Services outside of their home.

Child Support

Support paid by one parent either directly to the other parent or through a Probation Division for the support of a child.

Child Support Enforcement Network (CSENet)

An automated system that transmits and receives child support information to and from other states.

Child Support Guidelines

The set of presumptive standards for determining the amount of child support as established by the court in Appendix IX of the New Jersey Court Rules.

Child Support Improvement Act

Provides New Jersey with the authority and guidance to structure and administer an effective and efficient child support program that is accessible to all the citizens of this state needing its services.

Child Support Order

A support order for a child, including a child who has attained the age of majority, under the law of the issuing state.

Children in Court (CC)

Comprises Child Placement Review (FC), Abuse/Neglect (FN), Termination of Parental Rights (FG) and Adoption (FA) dockets.

Choice of Law

The law of the issuing state governs the nature, extent, amount, and duration of current support and payment of arrearages of a registered order.

CIACC

Oversees operational policies and procedures developed for the Child Assessment Resource Team (CART), develop, and implement a process to review conflicts that cannot be resolved by CART; develop a procedure which will aggregate service gaps identified in CART planning process, to be used in setting service priorities; and develop and facilitate community education and linkages.

Circumstantial Evidence

Indirect evidence; secondary facts by which a principal fact may be rationally inferred.

Civil Actions

Non-criminal cases in which one private individual or business sues another to protect, enforce, or redress private or civil rights.

Civil Procedure

The rules and process by which a civil case is tried and appealed, including the preparations for trial, the rules of evidence and trial conduct, and the procedure for pursuing appeals.

Class Action

A lawsuit brought by one or more persons on behalf of a larger group.

Clear and Convincing Evidence

A standard of proof that is more persuasive than a preponderance, but less than beyond a reasonable doubt.

Closing Argument

The closing statements by counsel, to the trier of facts after all parties have concluded their presentation of evidence.

CODIS

FBI’s national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic laboratories.

Commit

Transfer legal custody to an institution (N.J.S.A. 2A:4A-22e).

Common Law

The body of law developed in England primarily from judicial decisions based on custom and precedent, unwritten in statute or code and constituting the basis of the English legal system and in the United States, except Louisiana.

Complainant

The party who initiates the complaint in an action or proceeding.

Complaint

A written document filed with court in which a person (plaintiff) requests a legal remedy from the court.

Complementary Dispute Resolution Programs

Three CDR programs in the family law section:

  1. Matrimonial Early Settlement Panels (MESP) (R.5:5-5). Panel of attorneys who review matrimonial cases and make suggestions regarding the property issues in the case.
  2. Custody/Parenting time Mediation (R. 1:40-5) Issues of custody or parenting time are sent to trained mediators. Goal is to help parties reach an agreement on these issues.
  3. Mandatory Economic Mediation Pilot Program in some counties.

Comprehensive Automated Probation System (CAPS)

A case management system for adult probation supervision. It also has a financial component which accounts for receipt and disbursement of any and all financial obligations incurred by a probationer.

Furthermore, it is used in Juvenile Supervision in conjunction with FACTS and also accepts the financial obligations for juvenile probationers.

Comprehensive Enforcement Program

A program based in the Probation Division to assist in the enforcement of juvenile orders.

Conciliation

A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps lower tensions, improves communications, and explores possible solutions. Conciliation is similar to mediation, but it may be less formal.

Concise

When this word is used to refer to a pleading, it means that a person should be brief and to the point.

Concurring Opinion

One which is basically in accord with the majority opinion, but which is written to express a somewhat different view of the issues, to illuminate a particular judge’s reasoning, to expound a principle that the judge holds in high esteem.

Confidentiality

Court records that are safeguarded from public inspection.

Consent Agreement Judgment/Order

The consent agreement is a voluntary written agreement prepared by the parties and submitted to the court for an entry of judgment or order.

Contempt of Court

A civil or criminal charge resulting from disobeying, or not complying with, a court order.

Contested

A matter in dispute that is the subject of litigation.

Continuance

Adjournment of court proceedings to a future date.

Continuing Exclusive Jurisdiction

A state with continuing, exclusive jurisdiction is a state that has issued a support order and remains the residence of the obligor, individual obligee or child unless the individual parties have filed written consents with the issuing state for another state to assume continuing, exclusive jurisdiction.

Controlling Order

If there is more than one support order regarding the obligor and the child, the tribunal that issued the controlling order is the state with jurisdiction to modify that order.

Corroborating Evidence

Supplementary evidence that tends to strengthen or confirm the initial evidence.

Counsel

A legal adviser; a term used to refer to lawyers in a case. (See attorney).

Counsel Mandatory

A case in which an attorney is required to represent a juvenile pursuant to (N.J.S.A. 2A:4A-39).

Counsel Non-Mandatory

A case in which no attorney is required to represent a juvenile (N.J.S.A. 2A:4A-39).

Counter Claimant

The person who not only answers the Complaint filed by the plaintiff, but who makes a Counter Complaint against the plaintiff for particular relief.

Counterclaim

A pleading filed with the court, usually with an answer to a complaint which asks for a particular relief against the plaintiff. In essence, a counter lawsuit within a lawsuit.

County Interagency Coordinating Council (CIACC)

Serves in an advisory capacity to county government and the New Jersey Department of Human Services. It represents all the child service systems, mental health, child welfare, health, education, corrections, juvenile justice and developmental disabilities. It should reflect natural family supports and a racial/ethnic balance of the target population.

County Prosecutor

The chief law enforcement officer of the county or designee. [N.J.S.A. 2A:84A-2 Li 2eJ. (See Prosecutor).

Court

The Superior Court, Chancery Division, Family Part, unless otherwise designated.

Court Administrator/Clerk of Court

In New Jersey, an officer of the court who oversees the administrative activities of the court.

Court Appointed Special Advocate (CASA)

A volunteer (advocate) appointed by the Family Court to ensure that the needs of a child who may have been neglected or abused are met. The responsibility of the CASA volunteer is to investigate the facts of the case, recommend a course of action to the court, facilitate the resolution of the presenting problems and monitor programs toward established goals.

Court Costs

The expenses of prosecuting or defending a lawsuit, other than the attorneys’ fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs.

Court Reporter

A person who makes a verbatim record of what is said in court and produces a transcript of the proceedings upon request.

Criminal History/Rap Sheet

A computerized report by the New Jersey State Police or Federal Bureau of Investigation outlining an individual’s criminal record of charges and findings of guilt.

Criminal Procedure

Rules and procedures that govern the conducting of criminal trials and appeals.

Cross Claim

A claim by co-defendants or co-plaintiffs against each other and not against persons on the opposite side of the lawsuit.

Cross Complaint

A complaint by the defendant against the complainant arising from the same incident.

Cross Examination

Questioning by the opposing party/attorney after one’s direct testimony.

Cross Motion

A motion that may be filed by a party with its response to a motion filed by the other party.

Cruelty

Cruelty to a child shall consist in any of the following acts:

  1. Inflicting unnecessarily severe corporal punishment upon a child;
  2. Inflicting upon a child unnecessary suffering or pain, either mental or physical;
  3. Habitually tormenting, vexing or afflicting a child;
  4. Any willful act of omission or commission whereby unnecessary pain and suffering, whether mental or physical, is caused or permitted to be inflicted on a child; or
  5. Exposing a child to unnecessary hardship, fatigue or mental or physical strains that may tend to injure the health or physical or moral well being of such child.

Custodial Parent

A person with legal custody and with whom the child(ren) lives; may be a parent, other relative, or someone else.

Custodian

Any person who has assumed the care of the child(ren) or any person with whom the child(ren) is living.

Custody

In the Family Part, custody refers to the legal responsibility for, and physical care (continuing control and authority) of, the child(ren), established by natural parenthood, by order or judgment of a court of competent jurisdiction, or by written surrender to an approved agency pursuant to law.


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De Novo

New. A Trial de novo is a new trial of a case.

Decision

A final determination of a judicial or quasi-judicial nature after consideration of the facts, and in legal context, law.

Decree

An order of the court. A formal decree is one that fully and finally disposes of litigation. An interloculatory decree is a preliminary order that often disposes of only part of a lawsuit.

Default Judgment

A judgment entered against a party who fails to appear in court or respond to a complaint or motion.

Defendant

The party against whom a Complaint is filed.

Deferred Disposition

Adjourning formal entry of a disposition based on conditions placed on the juvenile.

Delinquency

The commission of an act by a juvenile which if committed by an adult would constitute: a crime; a disorderly persons offense or petty disorderly persons offense; or a violation of any other penal statute, ordinance, or regulation. (N.J.S.A.2A:4A-22e).

Deoxyribonucleic Acid (DNA)

Genetic coding

Department of Human Services

An executive branch of N.J. State Government which oversees the Division of Medical Assistance and Health Services, Division of Mental Health and Hospitals, Division of Developmental Disabilities, Division of Family Development, Division of Youth and Family Services, Division of Deaf and Hard of Hearing and Developmental Centers, Institutions and Trustees.

Deposition

An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

Detention

Means the temporary care of juveniles in physically restricting facilities pending court disposition. (N.J.S.A. 2A:4A-22e).

Detention Review

Periodic and regular review of all juveniles in detention. A review two days after the initial hearing, a two-week review arid then reviews not more than three weeks apart for as long as the juvenile is in detention unless waived by counsel.

Direct Examination

The first questioning of witnesses by a party on whose behalf they are called.

Disbarment

A form of discipline of a lawyer resulting in the loss of that lawyer’s right to practice law. It differs from censure (an official reprimand or condemnation) and from suspension (a temporary loss of the right to practice law).

Discovery

The acquisition of notice or knowledge of given acts or facts by any party in preparation for a trial.

Dismissal

The termination of a legal action. A dismissal without prejudice allows a lawsuit to be brought before the court again at a later time. In contrast, a dismissal with prejudice prevents the lawsuit from being brought before a court in the future.

Disorderly Person

Lesser offenses committed by an individual below the grade of crime.

Disposition

Imposition of penalty or setting of conditions of adjourned disposition or probation in juvenile matters. Functional equivalent of a “sentence” (reserved for adult offenders).

Dispositional Hearing

A hearing to determine the outcome of a matter resulting in an Order of the court.

Dissenting Opinion

One which disagrees with the disposition made of the case by the court, the facts or law based on which the court arrived at its decision, and/or the principles of law announced by the court in deciding the case.

Dissolution

Divorce; dissolving (ending) a marriage.

Diversion

The process of removing some minor criminal, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages (non-court handling of a case).

Division of Youth and Family Services (DYFS)

An agency that is part of the Department of Human Services (DHS) in the state of New Jersey. It is the comprehensive social service agency for children in the state. It is the state’s primary child protection agency and is responsible for all foster home placements and funds the majority of children in residential placement.

Divorce

See dissolution.

DNA Record

Identification information stored in the state DNA database or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of test results.

Docket

A list of cases to be heard by a court or a log containing brief entries of court proceedings.

Docket Number

A specific number given to each complaint filed with the court.

Dodd Act

An act which allows emergency removal of a child by a police officer, designated employee of a county probation department or a designated employee of the Division of Youth & Family Services from a child’s place of residence, where there is present imminent danger to the child’s life or health and there is insufficient time to apply for a court order.

In addition, any physician or hospital or similar institution treating a child who has suffered serious injuries by a guardian other than by accidental means is empowered to take the child into custody.
Once a child has been taken into protective custody, the Division of Youth & Family Services is to be notified immediately.

Domestic Violence Act (Prevention of Domestic Violence Act)

A law passed by the New Jersey legislature defining the rights and responsibilities of individuals when someone is accused of, or actually commits an act of, domestic violence as defined by the statute:

  • homicide,
  • assault,
  • terrorist threats,
  • kidnapping,
  • criminal restraint,
  • false imprisonment,
  • sexual assault,
  • criminal sexual contact,
  • lewdness,
  • criminal mischief,
  • burglary,
  • criminal trespass,
  • harassment,
  • stalking.
(N.J.S.A. 2C:25-17 et seq.).

Domicile

The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.

Drug Enforcement and Demand Reduction Act

Juveniles adjudicated delinquent for a violation of controlled dangerous substances are assessed a penalty applicable to the degree of the offense charged.

Due Process of Law

The right of all persons to receive the guarantees and safeguards of the law and the judicial process.


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Early Settlement Panel (ESP)

Established under Court Rule 5:5-5. Consists of volunteer attorneys experienced in matrimonial matters who facilitate and encourage the early settlement of financial issues; to assist in the more efficient flow of contested cases; and to act as an aide to the court, litigants, and their attorneys in recommending a fair and equitable settlement. (see also MESP, Matrimonial Early Settlement Panel)

Emancipated Minor

Under certain circumstances, a child may be eligible to be considered emancipated from his or her parent(s), when the child reaches the age of 18, marries, enters military service, or is declared by the court to be emancipated.

Emancipation

The age or circumstances when a child is no longer considered dependent upon a parent for support. A child is not automatically considered to be emancipated at any specific age in New Jersey.

Emergent

A set of circumstances under which the court is asked to grant immediate relief.

Emergent Duty Judge

The judge on-call during non-court hours.

Eminent Domain

The power of the government to take private property for public use through condemnation.

Enforcement of a Prior Order

A procedure by which a party asks for the court’s assistance to require the other party to do what was ordered by a court.

Equal Protection of the Law

The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be equal before the law. Court decisions have established that this guarantee requires that access to the courts be open to all persons.

Equitable Distribution

The power of the court to distribute equitably during a divorce action all property legally acquired during the marriage of the parties whether legal title lies in their joint or individual names.

Escrow

Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.

Estoppel

A person’s own act, or acceptance of facts, which preclude his or her later making claims to the contrary.

Et al.

And others.

Evidence

Information presented by testimony, documents, or exhibits that are used to persuade the fact finder (judge or jury) to decide the case for one side or the other. (N.J.S.A. 2A:84A).

Ex Parte

On behalf of only one party, without notice to any other party, is, a request for an ex parte proceeding: in a domestic violence case, where the defendant is not notified of the initial proceeding for a temporary restraining order and is not generally present at the hearing.

Ex Parte Proceeding

The legal procedure in which only one side appears. It differs from adversary system or adversary proceeding.

Ex Post Facto

After the fact. The Constitution prohibits the enactment of ex post facto laws. These are laws that permit conviction and punishment for a lawful act performed before the law was changed and the act made illegal.

Exceptions

Declarations by either side in a civil or criminal case reserving the right to appeal a judge’s ruling upon a motion. In addition, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.

Exclusionary Rule

The rule preventing illegally obtained evidence to be used in a juvenile or criminal trial.

Execute

To complete the legal requirements (such as signing before witnesses) that make a written document, e.g., wills and contracts, valid. Also, to execute a judgment or decree means to put the final judgment of the court into effect.

Execution (Writ of Execution)

Order from court telling Sheriff or Marshal to seize the property of another to satisfy a debt. Carried out after an attachment or lien has been placed on the property, the execution forces the sale so the creditor can get money owed.

Exemplification

Make an attested copy or transcript of a document under seal.

Exhibit

A paper, document, record, or other object produced during a court trial or hearing as proof to facts, and on being accepted is marked for identification and made a part of the case.

Exonerate

Removal of a charge, responsibility, or duty.

Expungement

Means 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 apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. (In accordance with N.J.S.A. 52-4.1.).

Extradition

The process by which one state or country surrenders to another state or country, a person accused or convicted of a crime in the other state or country.


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Fact-Finding Hearing

Means a hearing to determine whether the child is an abused or neglected child as defined.

Family Automated Case Tracking System (FACTS)

The official automated court record system of the Superior Court of New Jersey, Family Part.

Family Court

A trial division of the Superior Court that has original jurisdiction over family matters.

Family Crisis Intervention Unit (FCITU)

Receives referrals on a continuous basis in situations where a juvenile-family crisis exists.

Family Division Manager

An individual in each vicinage who has the responsibility of reporting to the Presiding Judge of the Family Part about the status of all cases relating to family matters in that vicinage and overseeing the support operations of the Family Court.

Family Part

The part of the Chancery Division of the Superior Court that has jurisdiction over family matters.

Federal Parent Locator Service (FPLS)

A service operated by the U.S. Department of Health and Human Services to assist the state in locating absent parents for the purpose of obtaining child support payments.

Fee

The amount charged for filing a legal document or making an application for a court service.(Filing Fee)

The amount charged for legal services from an attorney. (Attorney's Fee)

Fee Waiver

To pardon the payment of a charge for service.

Felony

A criminal offense punishable by imprisonment in state prison. New Jersey does not define crimes as “felonies” as do many other states. New Jersey’s closest equivalent is the degree of charge designation, first through fourth.

Fiduciary

A person having a legal relationship of trust and confidence to another and having a duly to act primarily for the others benefit, eg.: a guardian, trustee, or executor.

Fields Program

Residential or community-based day programs operated by the Juvenile Justice Commission.

Filing

The act of giving a pleading to the Clerk of the Court in the county authorized to receive pleadings.

Filing Fee

The amount of money charged for filing a pleading with the court. The amount is always subject to change.

Final Judgment

An Order of the court that determines the rights of the parties and disposes of all the issues involved in order to resolve the entire controversy.

Final Restraining Order (FRO)

An Order of the court under the Domestic Violence Act finding an act of domestic violence has been committed by the defendant and ordering restraints and other relief.

Finding

A formal conclusion by a judge or a hearing officer on issues of fact.

First Appearance

The initial appearance of an adult or juvenile before a judge to advise the person of the nature of the charges against the person and the person’s right to have an attorney.

Five-A Form

Refers to Court Rule 5:3-4a. An application made to the court to determine income eligibility in matters where parties have the right to be represented by counsel (Public Defender; Assignment of Counsel).

Form of an Order

A descriptive phrase referring to whether or not the specific paragraphs in a court order are in accordance with the decision made by the judge.

Foster Home

A private residences where a child may be placed by the Division of Youth and Family Services (DYFS) , or placed with DYFS approval, for temporary or long-term care.

Foster Parent

A person other than a natural or adoptive parent with whom a child is placed by the Division of Youth and Family Services (DYFS), or placed with the approval of DYFS, for temporary or long-term care.

Full Faith and Credit

Refers to interstate laws which dictate jurisdiction and modification of original orders regarding child support (Uniform Interstate Family Support Act, UIFSA); child custody (Uniform child custody Jurisdiction Act - UCCJA); and Domestic Violence (Full Faith and Credit and Domestic Violence). Generally, “fill faith and credit” means that orders should be honored in another jurisdiction when they originate in another jurisdiction.

Full Faith and Credit for Child Support Orders Act of 1994

Prohibits states from modifying another state’s child support orders unless certain jurisdictional requirements are met.


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Garnish

Where a person or company such as an employer, withholds a debtor’s money, pursuant to a court order, and turns it over to another to repay a debt.

Garnishment (Wage assignment)

A legal action in which a debtor’s money, in the possession of another (called the garnishee), is applied to the debts of the debtor, is, when an employer carries out an order of the court to garnish a debtor’s wages.

Grounds or Cause of Action

The legal reasons for filing a complaint.

Group Home

Means any single family dwelling used in the placement of 12 or less children in accordance with law, and recognized as a group home by the Department of Human Services.

Guardian

A person other than a parent to whom legal custody of a child has been given by the court who is acting in place of the parent or is responsible for the care and welfare of the juvenile. (N.J.S.A. 2A:4A-221).

Guardian Ad Litem

A person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.

Guardianship

The legal right given to a person to be responsible for the food, housing, health care and other necessities of a person deemed incapable of providing these necessities for himself or herself. A guardian may also be given responsibility for the person’s financial affairs, and thus perform additionally as a conservator.


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Habeas Corpus

A writ commanding that a person is brought before a judge. Most commonly, a writ of habeas corpus is a legal document that forces law enforcement authorities to produce a prisoner they are holding and to legally justify his or her confinement.

Hearing Officer

An individual with authority to hear cases in the Family Court and make recommendations to a Superior Court Judge for an Order.

Hearsay

Evidence of a statement which is made other than by a witness while testifying at the hearing offered to prove the truth of the matter stated is hearsay evidence and inadmissible.

Home Detention

Informal, Formal, Intensive -juveniles released from detention with restriction on movement.

  1. “Informal” is supervised by parent(s)/guardian.
  2. “Formal” monitored through court program.
  3. “Intensive” is more closely supervised and allows for periodic call in or monitoring of the juvenile by a home detention monitoring representative.

Home State

The state in which the child lived with a parent or a person acting as parent, for at least six consecutive months preceding the time of filing a complaint or pleading for support and, if a child is less than six months old, the state in which the child lived from birth.

Hostile Witness

A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand.

Human Leukocyte Antigen (HLA)

A blood test to establish paternity of a child.


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Impeachment of a Witness

An attack on the credibility (believability) of a witness, through Cross-examination or evidence introduced for that purpose.

In Camera

A hearing in camera takes place in the chambers of the judge on the record outside of the presence of the public.

Inadmissible

That which, under the rules of evidence, cannot be admitted or received as evidence.

Incarcerate

To confine in jail, prison or detention center.

Incarceration

An individual is put in jail, state prison, or some other secure facility where he/she cannot be released until he/she does what was required by a court (see Detention).

Income

Commissions, salaries, earnings, wages, rent monies, unemployment compensation, worker’s compensation, any legal or equitable interest, or entitlement owed that was acquired by a cause of action, suit, claim or counterclaim, insurance benefits, benefits derived from estates or trusts, federal income tax refunds, state income tax refunds, homestead rebates, state lottery prizes, casino and racetrack winnings, annuities, retirement benefits, veteran’s benefits, union benefits, or other sources that may be defined as “income,” either earned or unearned.

Income Withholding Order

An order or other legal process directed to an obligor’ s employer as defined by the “New Jersey Child Support Improvement Act”, to withhold support from the income of the obligor.

Indigent

Needy or impoverished. A defendant in a criminal matter or child abuse case who can demonstrate his or her indigence to the court may be assigned a court-appointed attorney at public expense, or be entitled to waiver of other court imposed fees.

Informal Conference

A hearing held outside a courtroom at which a county employee or other person attempts to get the parties to agree on a resolution of their dispute without going to court.

Initial Detention Hearing

In juvenile matters pursuant to N.J.S.A. 2A:4A-38, when a juvenile is taken into custody and detained, the court must determine whether detention is required no later than the morning following the juvenile’s placement in detention including weekends and holidays.

Initiating State

A state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under UTFSA or a law or procedure substantially similar to URESA or the RURESA.

Injunction

A writ or order by a court prohibiting a specific action from being carried out by a party (person or group). A preliminary injunction is granted ovisionally until a full hearing can be held to determine if it should be made permanent.

Institution

Means a public or private facility in the state which provides children with out-of-home care, supervision, or maintenance. Institution includes, but is limited to, a correctional facility, detention facility, treatment facility, day care center, residential school, shelter and hospital.

Intake

The screening of complaints to determine juvenile diversion, counsel-mandatory or non-mandatory assignment and decisions for detention or release of juveniles that are charged during non-court hours.

Intake Service Conference

A diversionary process whereby a juvenile is directed to partake in a conference with a probation officer to determine an appropriate resolution of a juvenile complaint.

Interim Order

An Order entered by the Court until a determination can be made for a Final Order.

Interlocutory

An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit.

Interrogatories

Written questions asked by one party in a lawsuit for which the opposing party must provide written answers.

Interstate Compact on Juveniles

An agreement among the states for the interstate transfer of juveniles.

Issuing State

The state in which a tribunal issues a support order or renders a judgment determining parentage.


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Joint Legal Custody

A custodial arrangement where both parents agree to discuss and jointly make major decisions in regard to the child’s well-being, i.e., education, medical and psychological (see Shared Custody).

Joint Physical Custody

Where the child lives with both parties in the same household.

Judge

In New Jersey, an appointed public official with authority to hear and decide cases in a court of law.

Judgment

The final disposition in a lawsuit.

Judgment

The final decision made by a judge on questions raised by the parties in the Complaint and Counterclaim, which is reflected in a written document signed by the judge.

Jurisdiction

The legal authority of a court to hear and decide a case. Concurrent jurisdictions exists when two courts have simultaneous responsibility for the case. Also, the geographic area over which the court has authority to decide cases.

Juvenile

An individual under the age of 18 years of age (N.J.S A. 2A:4A-22).

Juvenile - Family Crisis

Behavior, conduct or a condition of a juvenile, parent or guardian or other family member that presents or results in: a serious threat to the well-being and physical safety of a juvenile or; a serious conflict between a parent or guardian and a juvenile regarding rules of conduct that has been manifested by repeated disregard for lawful parental authority by a juvenile or misuse of lawful parental authority by a parent or guardian; or unauthorized absence by a juvenile for more than 24 hours from his home; or a pattern of repeated unauthorized absences from school by a juvenile subject to the compulsory education provision of Title 18A of the New Jersey Statutes (N.J.S.A. 2A:4A-22g).

Juvenile Conference Committee (JCC)

A committee of community volunteers under the authority of the Family Court that hear and decide matters involving alleged juvenile offenders. Each juvenile matter is reviewed without a presumption of guilt.

Juvenile Intensive Supervision Program

An authorized disposition for juveniles that provides for a highly structured, intensely supervised, probation program.

Juvenile Justice Commission (JJC)

Located in but not of the Department of Law and Public Safety, it is responsible for all juveniles committed to it by the court or otherwise committed to its care. The Commission manages and operates all state secure juvenile facilities and juvenile programs.

In addition, the Commission is responsible for approving county Youth Service Plans, administering the state/Community Partnership Grant Program and approving the state Master Plan for a comprehensive juvenile justice program.
The Commission also has the power to develop facilities, services, sanctions, and programs within its jurisdiction and to foster the integration of state, county and local facilities, sanctions, services and programs, including supervision of all juveniles released on parole or serving a post-incarceration sentence of community supervision.

Juvenile Referee

An employee of the court who decides disputes at a hearing concerning juvenile matters and makes recommendations to a Superior Court Judge for approval.


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Law

The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom.

Law Clerk

A law school graduate who assists judges in researching legal opinions.

Law Guardian

An attorney appointed by the court and designated to represent minors in alleged cases of child abuse or neglect.

Lawyer

An individual licensed to practice law. The word attorney is also used.

Leading Question

A question that suggests the answer desired of the witness. A party generally may not ask one’s own witness leading questions. Leading questions may be asked only of hostile witnesses and on cross-examination.

Legal or Natural or Biological or Adoptive Father

A man who is recognized by the court as the male parent.

Legal Services

Professional legal services sometimes available to persons unable to afford such assistance in civil actions.

Liable

Legally responsible

Lien

A claim on property to prevent sale or transfer until a debt is paid.

Litigant

A person asserting his or her rights in court; refers to the parties involved in a lawsuit whether plaintiffs or defendants.

Long Arm Jurisdiction

A procedure in which a state can acquire jurisdiction over a person in another state. Examples where long arm jurisdiction might be applied include: alleged father previously resided with the child in the state; the child resides in the state as a result of the defendant’s actions; or the defendant engaged in sexual intercourse in the state (which might have resulted in the child’s conception).

Long Term Foster Care

Means the legal status allowing the foster parent the continuing legal right and responsibility to care for the child as defined by court order and DYFS policy until the child becomes 18 years of age.


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Majority

The age at which a minor becomes an adult and is able to enter into legal obligations in New Jersey. The age of majority is 18. Compare with emancipation.

Mandamus

A writ issued by a court ordering a public official to perform an act.

Matrimonial Case (also known as Dissolution)

A case involving marriage; usually means a divorce case.

Matrimonial Early Settlement Panel (MESP)

Established under Court Rule 5:5-5. Consists of volunteer attorneys experienced in matrimonial matters who facilitate and encourage the early settlement of financial issues; to assist in the more efficient flow of contested cases; and to act as an aide to the court, litigants, and their attorneys in recommending a fair and equitable settlement. See also Early Settlement Panel (ESP)

Mediation

A process by which individuals meet with a trained neutral person to resolve a matter. In Family Courts, this usually involves either custody/parenting time or economic matters.

Medical Support

Health insurance coverage for the support of children paid for by either, or both, parents if that insurance is available at no, or reasonable, cost to the parent or parents (includes vision and dental care coverage).

Memorialized

In writing.

Minor Child

Any child under the age of 18 years.

Miranda Warning

Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her. So named as a result of the Miranda vs. Arizona ruling by the U.S. Supreme Court.

Misdemeanor

A definition used by many states to define a criminal offense considered less serious than a felony. Misdemeanors generally are punishable by a fine or a limited local jail term, but not by imprisonment in a state penitentiary. In New Jersey, such offenses are managed by Municipal Courts unless the offense is a companion to an indictable offense, and are designated as disorderly persons or petty disorderly persons offenses.

Mitigating Circumstances

Does not constitute a justification or excuse for an offense but may be considered as reasons for reducing the degree of blame in formulating and imposing a disposition.

Modification

A request made by a party to change an Order signed by a court.

Motion

An oral or written request for a ruling brought to the court’s attention in which a party asks the court to grant certain relief.

Movant

An individual asking the court to take a specific action.

Multi-Disciplinary Team

A group that reviews pending cases and makes recommendations to the court as to various alternatives about juveniles. There are also multi-disciplinary teams in out of court settings who offer comprehensive services to victims with regard to sex offenses, child abuse, and domestic violence.

Municipal Court Judge

A judicial officer possessing power as deemed by the local government exercising certain functions of a judge; a judicial officer of limited jurisdiction.


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National Conference of Commissioners on Uniform State Laws

Commission that developed and agreed upon a uniform interpretation of UIFSA in order to lead to a greater standardization in interstate support case processing.

Neglect

Neglect of a child shall consist in any of the following acts, by anyone having the custody or control of the child:

  1. Willfully failing to provide proper and sufficient food, clothing, maintenance, regular school education as required by law, medical attendance or surgical treatment, and a clean and proper home, or
  2. Failure to do or permit to be done any act necessary for the child’s physical or moral well-being.
Neglect also means the continued inappropriate placement of a child in an institution, as defined in section 1 of P.L. 1974 c. 119 (C.9:6-8.21), with the knowledge that the placement has resulted and may continue to result in harm to the child’s mental or physical well-being.

Negligence

Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.

Non-Custodial Parent

The parent who does not have physical custody of the child on a day-to-day basis.

Non-dissolution

Procedure for determining issues relating to paternity, custody, support (child, spousal, and medical), and parenting time when there is no divorce or nullity action.

Notice of Appeal

A written statement that a party appealing a trial court decision must file with the Appellate Court.

Notice to Litigants

Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.

Nunc Pro Tunc

A legal phrase applied to acts which are allowed after the time when they should be done, with a retroactive effect.


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Objection

The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled (not allowed) by the judge.

ObliEee

The person to whom a certain sum of money is to be paid (also called the payee).

Obligated Parent

The parent under legal duty to pay child support.

Obligor

A person ordered to pay a sum of money (also called the payor).

Office of Child Support Enforcement

(Federal) Audits state Child Support Enforcement programs to ensure that they meet Federal requirements.

Opening Statement

The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

Opinion

A judge’s written or oral explanation of a decision of the court.

Opposing Party

The person on the other side of the case. If you are divorcing, the opposing party is your husband or wife.

Oral Argument

A right given by the court, in certain defined instances, to verbally argue in open court for or against an issue being considered and answer questions the judge might have about a particular issue. The manner and extent of oral argument is controlled by the court.

Order

A written or oral command from a court directing or forbidding an action.

Order to Show Cause (OSC)

An emergent pleading filed with the court in which a person asks the court to require another person to appear in court and explain why the court should not grant certain relief Temporary relief andlor temporary restraints may also be requested.

Out of Home Placement (OHP)

A child placed outside of his/her home by the Division of Youth & Family Services with permission of the court in a host shelter, foster or group home, county shelter care facility, as defined by law, or other suitable family setting.

Overrule

A judge’s decision not to allow an objection. Also, a decision by a higher court finding that a lower court decision was in error.


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Parens Patriae

The doctrine under which the court protects the interests of a juvenile.

Parent

Means the biological, legal or adoptive mother or father of the child(ren).

Parent Locator Service

A service to help locate missing parents who owe child support. Information from employers and state and federal agencies is recorded in computer files. See “Federal Parent Locator Service (FPS).

Parent of Alternate Residence

Non-custodial parent of the child(ren).

Parent with Primary Residence

Custodial parent of the child(ren).

Parenting Plan

A plan developed according to N.J. Court Rule 5:8-5 in which any family in which parties cannot agree to a custody/visitation arrangement, the parties must each submit a custody/visitation plan to the court no later than 75 days after the last responsive pleading which the court shall consider in awarding custody and fixing a visitation schedule.

Parenting Time

Parenting Time has replaced the term “visitation” by N. J. Court Rules in 1999.

Parole

The supervised conditional release of a prisoner before the expiration of his or her sentence. If the parolee observes the conditions, he or she need not serve the rest of his or her term.

Parties or Litigants

Plaintiff, defendant or individuals involved in a legal action.

Party

An individual, agency or group involved in a lawsuit; the plaintiff and defendant are each a “party”.

Paternity Complaint

A complaint filed to determine whether a person is the father of a child.

Paternity Judgment

A legal determination of who is the father.

Payee

A person to whom money is to be paid (also called the obligee).

Payor

A person ordered to pay money (also called the obligor).

Pendente Lite

A request for temporary assistance before a hearing is held. For example, a request that child support be ordered as soon as the complaint is filed, before the formal hearing.

Per Curiam Opinion

An opinion “by the court,” which expresses its decision in the case but whose author is not identified.

Perjury

The criminal offense for making a false statement under oath.

Permanent Injunction

A court order requiring that some actions be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction.

Personal Jurisdiction

A state tribunal has the legal authority to make decisions which directly affect an individual.

Personal Property

Tangible physical property (such as cars, clothing, furniture and jewelry) and intangible personal property. This does not include real property such as land or rights in land.

Personal Responsibilitv and Work Opportunity Reconciliation Act of 1996

Federal Act which mandated all states to have UIFSA in effect by January 1, 1998.

Petition for Certification

A document filed with the New Jersey Supreme Court to seek the court’s discretionary review of a final decision of the Appellate Division.

Petitioner

The person filing an action in a court of original jurisdiction. Also, the person who appeals the judgment of a lower court. The opposing party is called the respondent.

Physical Custody

Actual possession and control of a child.

Placement

The arrangement for the care of a child in a family, boarding home or in a child- caring agency or institution, but does not include any institution caring for the mentally ill, mentally defective or epileptic.

Plaintiff or Moving Party

The person who brings a legal action or lawsuit. Also called the complainant.

  1. Person who files the complaint;
  2. Moving party can also be the person who files a motion.

Plea

A defendant’s declaration in open court that he or she is guilty or not guilty.

Plea Bargaining or Plea Negotiating

The process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. Usually it is a legal transaction in which a defendant pleads guilty in exchange for some fonn of leniency. It often involves a guilty plea to lesser charges or a guilty plea to some of the charges if other charges are dropped. Such bargains are not binding on the court.

Pleadings

The written statements of fact and law filed by the parties to a lawsuit.

Plenary’ Hearing

A hearing ordered by a court where each party is entitled to present witnesses and documents to support a petition.

Post Judgment

An order entered by the court after a Final Judgment.

Power of Attorney

Formal authorization of a person to act in the interests of another person.

Precedent

A previously decided case that guides the decision of future cases.

Pre-Disposition Report (PDR)

A report which analyzes a juvenile’s circumstances attending the commission of an offense, a history of delinquency, family situation and information of the parent or guardian’s exercise of supervision and control before a determination is made as to disposition.

Preliminary Hearing

An initial court proceeding.

Prenonderance of the Evidence

The greater weight of the evidence; the common standard of proof in civil cases.

Presiding Judge

The administrative judge responsible for the day-to-thy operation of a division of the court.

Presiding Judge. Family Part (PJFP)

Judge in charge of the administration of the Family Part in a vicinage.

Prima Facie Case

A case that is sufficient and has the minimum amount of evidence necessary to allow it to continue in the judicial system.

Pro Bono

Legal representation for no fee. A pro bono attorney.

Pro Se

A Latin term meaning “on one’s own behalf”; in court, it refers to persons who present their own cases without lawyers.

Probable Cause

A reasonable belief that a crime has or is being committed; the basis for all lawful searches, seizures, and arrests. Probable cause must be based on particular facts and not upon mere conclusion.

Probable Cause Hearing

A hearing where a determination is made by the court that it is satisfied there is reason to believe a crime/offense was committed and an adult/juvenile has participated therein.

Probation

An alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision of a probation officer. A violation of probation (VOP) can lead to its revocation and to imprisonment.

Probation Division

A judicial division that enforces orders of the court involving adult and juvenile probationers and child support orders.

Probation Officer

An officer of the court charged with a variety of court-related responsibilities and assigned to the Probation, Family or Criminal Divisions.

Proof of Service

Verification that the other party was served with (received) the pleadings.

  1. Evidence that party received a copy of the complaint, appearance, answer, counterclaim or motion papers;
  2. Verification that the other party was served with (given) a document;
  3. A signed sworn statement by the person who delivered the document. [R. 1:5-3] (see serve or Service).

Propertv Settlement Agreement (PSA)

Term used in divorce matters for the final disposition of property based upon agreement of the parties and approval by the court.

Prosecutor

A lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal, juvenile and domestic violence contempt and weapon forfeiture cases, the prosecutor has the responsibility of deciding who and when to prosecute.

Public Assistance

Money given to a person or family for living expenses from the state/federal Aid for Families with Dependent Children program (AFDC) (welfare) and foster care, or Medicare benefits paid for a person or family receiving Medicare.

Public Defender

A lawyer employed by the state to represent indigent parties accused of a crime or when there is an allegation of child abuse or neglect.

Purge Amount

The amount required to satisfy for the purpose of release or arrearages to satisfy support obligations. (See also Bond).


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Quash

To vacate or void a summons, subpoena, etc.

Quick Locate

A method for requesting another state’s help in locating a parent, employer, wages and/or assets that does not require the other state to open a case.


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Random Urine Monitoring

Unannounced urine testing of an individual on Probation to determine the use of drugs.

Real Pronerty

Land, buildings and other improvements affixed to the land.

Rebut

Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence.

Recall

When the court retains jurisdiction and brings an adWt~juvethle committed to an institution back to court to impose a different sentence/disposition; equivalent to reconsideration of “sentence.”

Receiving State

Means the state to which a child is sent, brought, or caused to be sent or brought by public or private agencies or persons for placement with state, local public authorities or placement with private agencies or persons.

Reciprocal Support Proceedings

A proceeding in which a party in one state asks the court of another state to help that party obtain support. The right to file such a complaint is expressly defined and limited by legislation known as the Uniform Interstate Family Support Act (UJFSA).

Record

All the documents and evidence plus transcripts of oral proceedings in a case.

Recuse

The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party.

Re-Direct Examination

Opportunity to present rebuttal evidence after one’s evidence has been subjected to cross-examination.

Redress

To set right; to remedy.

Reduce to Judgment

After you have arrearage (money owed you from prior months), you can ask the judge to give you an Order stating how much is owed. The judge calculates the arrearage, and the amount owed is reduced to judgment. “Reduced” does not mean the amount is made less; it only means “turned into” a judgment, a statement by the judge. The judgment can then be enforced by authorities.

Referee

A person to whom the court refers a pending case to take testimony, hear the parties, and report back to the court; a referee is a hearing officer with quasi-judicial powers who serves as an ann of the court.

Register

A mechanism to record a decision by a foreign tribunal under circumstances allowed by law.

Registering Court

Means any court of this state in which a support order of a rendering state is registered.

Rehearing

Another hearing by the same court in which the case was originally heard.

Release on Own Recognizance (ROR)

Circumstance in which an adult or juvenile at least 14 years of age may be released on his/her own without payment of any bail or posting of bond, upon the promise to return to court.

Remand

To send a dispute back to the court where it was originally heard. Usually a higher court remands a case for proceedings in a court below consistent with the higher court’s ruling.

Remedy

Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed or compensated.

Rendering State

Means a state in which the court has issued a support order for which registration is sought or granted in the court of another state.

Rendition

Means surrender.

Renetitive Disorderly Persons Offense

Means the second or more disorderly persons offense committed by a juvenile on at least two separate occasions.

Reply

The response by a party to charges raised in a pleading by the other party.

Residential Custody

Means that a child’s primary residence is with one party all of the time except for the time the child is visiting with the other party (less than 2 nights per week)

Residential Facility

Means a facility used to house and provide treatment and other related services on a 24-hour basis.

Respondent

The person against whom an appeal is brought.

Responding State

A state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state.

Rest

A party is said to rest or rest its case when it has presented all the evidence it intends to offer.

Restitution

Act of repayment or the equivalent thereof for any loss, damage or injury.

Restraining Order

An Order signed by a judge either preventing or requiring a person to do or refrain from doing an act.

Retainer

Denotes the fee which the client pays when he or she retains the attorney to act for him or her.

Retroactive Child Support

Child support that is ordered to be paid beginning at a date in the past.

Return

A report to a judge by police on the implementation of an arrest or search warrant. Also, a report to a judge in reply to a subpoena, civil or criminal.

Reverse

An action of a higher court in setting aside or revoking a lower court decision.

Revised Uniform Reciprocal Enforcement Support Act of 1968

Revisions to the URESA Act including provisions for interstate paternity determinations. URESA has been replaced by the Uniform Interstate Family Support Act (UIFSA) as of March 5, 1998. (See also UIFSA).

Revoke

To cancel or nullify a legal document.

Risk Assessment

An order for an evaluation by the court under the Domestic Violence Act directing an assessment of the non-custodial parent’s risk of harm to his/her child(ren).

Rules Governing the Courts of the State of New Jersey

(N. J. Court Rules) Written rules which govern the procedure of all cases in the state of New Jersey. Part V contains the Rules governing practice in the Chancery Division, Family Part. Appendix IX contains the child support guidelines. All law libraries have copies of the current Rule book which is issued every year.

Rules of Evidence

Standards governing whether evidence in a civil or criminal case is admissible.


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Sealed Records

Proceeding ordered by the court barring access of records by individuals.

Search Warrant

A written order issued by a judge that directs a law enforcement officer to search a specific area for a particular piece of evidence.

Sentence

The punishment ordered by a court for a defendant convicted of a crime. A concurrent sentence means that two or more sentences would run at the same time. A consecutive sentence means that two or more sentences would run one after another.

Separate Maintenance Action

A proceeding in which an individual seeks support but not a divorce.

Serve or Service

To give a copy of legal papers to a party. This may be done in person, as authorized by R. 4:4-4 and R. 1:5-2, or as otherwise provided.

Service of Process

The delivery of a legal document, such as a complaint, summons, or subpoena, by an authorized person, or by other authorized means, to a person who is officially notified of a legal action or proceeding in which he is concerned, advised or warned of some action.

Settlement

An agreement between the parties disposing of a lawsuit.

Shared Custody

Where parents agree to divide custodial access to their children and jointly make major decisions with regard to their well-being, eg., education, medical and psychological.

Shared Parenting

Where the child’s time is split in half and he or she spends two or more nights per week with each party. Contrast this with Shared Custody

Shelter Care

The temporary care ofjuveniles in facilities without physical restriction pending court disposition (N.J.S.A. 2A:4A-22d).

Sidebar

A conference between the judge and lawyers, usually in the courtroom, out of the hearing of the public, and the jury where applicable.

Small Claims Court

A court that handles civil claims for small amounts of money. People often represent themselves rather than hire an attorney.

Sole Legal Custody

Where one parent has primary, physical custody of the child(ren) and the responsibilities of making major decisions concerning the child(ren)’s welfare.

This differs from:
  • Shared Parenting - where the child’s time is split in half and he or she spends two or more nights per week with each party; and from
  • Joint Legal Custody - A custodial arrangement where both parents agree to discuss and jointly make major decisions in regard to the child’s well-being, i.e., education, medical and psychological. Also known as Shared Custody
  • Joint Physical Custody where the child lives with both parties in the same household.
  • Residential Custody - which means that a child’s primary residence is with one party all of the time except for the time the child is visiting with the other party (less than 2 nights per week); and from

Spousal Support

A legally enforceable obligation assessed against a person for the support of a spouse or former spouse.

State

Means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States

State Case Registry (ACSES)

The automated system maintained by the state IV-D agency that contains federally required information on child support cases (see ACSES)

State IV-D Agency

In New Jersey, the Department of Human Services.

Station House Adjustment

Conducted by police departments for first-time disorderly persons or petty disorderly person offenses. No complaint is filed.

Statute of Limitations

The time within which a plaintiff must begin a lawsuit (in civil cases) or a prosecutor must bring charges (in criminal cases). There are different statutes of limitations at both the federal and state levels for different kinds of lawsuits or crimes.

Statutory Construction

The process by which a court seeks to interpret the meaning and scope of litigation.

Stay

A court order halting a judicial proceeding.

Stipulation

An agreement by attorneys on both sides of a case about some aspect of the litigation, i.e., to extend the time to answer, to adjourn the trial date, or to admit certain facts at the trial which the court makes part of the official record, order or judgment.

Sua Sponte

A Latin phrase which means of itself or of one’s self without prompting or suggestion.

Subpoena

A court order compelling a witness to appear and testify.

Subpoena Duces Tecum

A court order commanding a witness to bring certain documents or records to court.

Substance Abuse Evaluation

Interview of an individual to determine whether a person abuses alcohol or drugs and to what degree.

Summary Judgment

A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.

Summary Matters

A group of cases permitted by either court rule or legislation to proceed in a faster and shorter manner than other cases.

Summons

A document served with a complaint on a defendant to a lawsuit to notify him/her to answer the complaint or appear in court.

Supervised Visitation (SV)

A program of the Family Division, where parenting time (formerly visitation) is in dispute and affects the non-custodial parent’s access to his/her child(ren). Access is provided in a neutral setting without interference by the custodial parent. The visit may be monitored by a court volunteer or a paid staff person. “Parenting time” has replaced the term visitation by N. J. Court Rules in 1999.

Support Order

Means any judgment, decree or order of support in favor of an obligee whether temporary or final, or subject to modification, revocation, or remission, regardless of the kind of action or proceeding in which it is entered.

Suppress

To forbid the use of evidence at a trial because it is improper or was improperly obtained. (See also exclusionary rule)

Sustain

A court ruling upholding an objection or a motion.


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Temporary Assistance to Needy Families (TANF)

TANF formerly known as AFDC (Aid to Families with Dependent Children) program established pursuant to Title TV-A of the federal Social Security Act.

Temporary Injunction

A civil court order requiring action or forbidding action until a decision can be made whether to issue a permanent injunction. This is not the same as a Temporary Restraining Order (TRO) issuing from Family Court.

Temporary Relief

Any form of action by a court granting one of the parties an order to protect its interest pending further action by the court.

Temporary Restraining Order (TRO)

An interim order by the court under the Domestic Violence Act, usually ex-parte, forbidding certain actions until a full hearing can be held. Usually of short duration.

Testimony

The evidence given by a witness under oath. It does not include evidence from documents and other physical evidence.

Third Party

A person, business, or government agency not actively involved in a legal proceeding, agreement or transaction.

Title IV-D

A case under Title IV-A or Title XIX of the Federal Social Security Act that involves an assignment of support rights, an appropriate referral under Title IV-E of the Federal Social Security Act, a non-public assistance case in which an application for Title IV-D services has been filed and a fee paid.

Transcript

A written, word-for-word record of what was said in any court-related matter.

Trial

A judicial examination and determination of issues between parties to an action, whether they be issues of law or of fact, before a court that has jurisdiction.

Trial Court Administrator (TCA)

Oversees the management of all trial courts within the vicinage.

Tribunal

Includes a court, administrative agency or quasi-judicial entity authorized to establish, enforce and modify orders.


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Uncontested

A matter in dispute that is the subject of litigation, but is not challenged by the defendant.

Unemancipated

A child who is still dependent on his or her parent for financial support. Usually a child under 18 is considered unemancipated, but if the child has married, joined the military, or is otherwise financially independent, he or she may be considered emancipated by the court.

Uniform Child Custody Jurisdiction Act (UCCJA)

The Act relates to enforcement and modification of custody decree of another state and its provisions are intended to avoid jurisdictional competition and conflict with courts of other states in matters of:

  • Child custody;
  • To deter abductions and other unilateral removals of children undertaken to obtain custody awards;
  • To avoid re-litigation of custody decisions of other states;
  • To facilitate enforcement of custody decrees of other states; and
  • To promote and expand the exchange of information and other forms of mutual assistance between the courts of this state and those of other states concerned with the same child.

Uniform Interstate Family Support Act (UIFSA)

A comprehensive new model Act, effective March 5, 1998, focusing on the interstate establishment, modification and enforcement of child support obligations. The Act creates a structure designed to provide for only one controlling support order at a time. This Act replaced the provisions of the Uniform Reciprocal Enforcement of Support Act (URESA).

Uniform Recinrocal Enforcement of Support Act (URESA)

Passed in 1950, it was the first Act that specifically addressed the issue of interstate support enforcement. Under URESA the law of the obligor’s state residence controlled (as long as the obligor remained in that state). In addition, it was a judicially-based process allowing the responding state to establish a local support order, regardless of any pre-existing support orders involving the same parties. This created multiple orders in individual cases with support obligations in differing amounts. URESA has been replaced by the Uniform Interstate Family Support Act (UIFSA) as of March 5, 1998.


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Vacate

To set aside a court ruling. To vacate a judgment is to set aside that judgment.

Venue

The vicinage where the court rules require a case to be started or considered by a court. This is where the cause of action arose and depends upon the type of complaint filed. As a general rule it is usually the county where the plaintiff lives. It can also be the county where the defendant lives.

Verdict

The opinion of a jury, or a judge sitting as a jury, on a question of fact.

Victim of Crimes Compensation Board (VCCB)

Agency to which victims of a crime can file for compensation for the criminal incident; a penalty which must be imposed for each adjudication of delinquency or criminal act

Victim of Domestic Violence

A person who has been subjected to abuse as defined under the Domestic Violence Act and is afforded protection in accordance with the law.

Violation of Probation (VOP)

The act of an adult or juvenile that breaks or violates the terms of his or her probation.

Visitation

(now known as parenting time) - the right of a parent to spend time with a child residing with another person. This term is properly referred to as “parenting time”.


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Wage Withholding

Deductions made by an employer, based upon an order of the Court, from an employees wages to pay a debt. See also Garnishment.

Waiver

Intentionally giving up a right.

Warrant

Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.

Welfare Services

Means consultation, counseling, and referral to available resources in order to correct the circumstances which may be endangering the child and promote the child’s proper development and adjustment in the community.

With Prejudice

Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause.

Without Prejudice

A claim or cause dismissed without prejudice may be the subject of a new lawsuit if brought within the Statue of Limitations.

Writ of Execution

A court order telling the Sheriff or Marshal to seize property to satisfy a court judgment.


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Youth Facility

Means a facility within the state used to house or provide services to children, including but not limited to group homes, residential facilities, day care centers, and day treatment centers.

Youth Services Commission (YSC)

A governing body within each county charged with the responsibility for planning for Youth Services and developing a comprehensive community plan submitted to the Department of Human Services to provide services and programs to meet the needs of children under the jurisdiction of the Family Court.

 
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