Wednesday, March 18, 2020

Rule 5:3-7. Additional Remedies on Violation of Orders Relating to Parenting Time, Alimony, Financial Maintenance, Support or Domestic Violence Restraining Orders

Rule 5:3-7. Additional Remedies on Violation of Orders Relating to Parenting
Time, Alimony, Financial Maintenance, Support or Domestic Violence Restraining
Orders

(a) Custody or Parenting Time Orders. On finding that a party has violated an
order respecting custody or parenting time, the court may order, in addition to the
remedies provided by R. 1:10-3, any of the following remedies, either singly or in
combination: (1) compensatory time with the children; (2) economic sanctions, including
but not limited to the award of monetary compensation for the costs resulting from a
parent's failure to appear for scheduled parenting time or visitation such as child care
expenses incurred by the other parent; (3) modification of transportation arrangements;

(4) pick-up and return of the children in a public place; (5) counseling for the children or
parents or any of them at the expense of the parent in violation of the order; (6)
temporary or permanent modification of the custodial arrangement provided such relief
is in the best interest of the children; (7) participation by the parent in violation of the
order in an approved community service program; (8) incarceration, with or without work
release; (9) issuance of a warrant to be executed upon the further violation of the
judgment or order; and (10) any other appropriate equitable remedy.

(b) Alimony, Financial Maintenance, or Child Support Orders. On finding that a
party has violated an alimony, financial maintenance, or child support order the court
may, in addition to remedies provided by R. 1:10-3, grant any of the following remedies,
either singly or in combination: (1) fixing the amount of arrearages and entering a
judgment upon which interest accrues; (2) requiring payment of arrearages on a
periodic basis; (3) suspension of an occupational license or driver's license consistent
with law; (4) economic sanctions; (5) participation by the party in violation of the order in
an approved community service program; (6) incarceration, with or without work
release; (7) issuance of a warrant to be executed upon the further violation of the
judgment or order; and (8) any other appropriate equitable remedy.

(c) Enforcement of Relief under Provisions of Domestic Violence Restraining
Orders Not Subject to Criminal Contempt Complaints. On finding that a party has failed
to comply with the provisions of a restraining order issued pursuant to the Prevention of
Domestic Violence Act, not subject to criminal contempt (part II relief excluded under
N.J.S.A. 2C:25-30), the court may, on notice to the defendant, in addition to the relief
provided by R. 1:10-3, grant any of the following remedies, either singly or in
combination: (1) economic sanctions, (2) incarceration with or without work release, (3)
issuance of a warrant to be executed upon further violation or non-compliance with the
order, (4) any appropriate remedy under paragraph (a) or (b) above, applicable to
custody or parenting time issues or alimony or child support issues, and (5) any other
appropriate equitable remedy.

Note: Adopted January 21, 1999 to be effective April 5, 1999; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; caption amended, paragraph (a) amended, and new paragraph (c) adopted July 21, 2011 to be effective September 1, 2011; caption amended, and paragraph (b) caption and text amended July 28, 2017 to be effective September 1, 2017. 

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