Jump to Navigation
New Jersey Domestic Violence Law

New Jersey law takes allegations of domestic violence very seriously. In 2007, there were more than 71,000 cases of domestic violence reported in the state. Victims of domestic violence have legal tools available to help provide them with the protection they need from their abusers. However, it is important that these tools are used wisely and appropriately — false allegations of domestic violence can ruin an innocent person's life and result in severe consequences, including criminal charges.

Definition of Domestic Violence in New Jersey

Under the New Jersey Prevention of Domestic Violence Act (PDVA), domestic violence occurs when one of the following crimes has been committed against a person protected under the Act:

  • Assault
  • Burglary
  • Criminal mischief
  • Criminal restraint
  • Criminal sexual contact
  • Criminal trespass
  • False imprisonment
  • Homicide
  • Kidnapping
  • Lewdness
  • Sexual assault
  • Stalking
  • Terroristic threats

To qualify for protection under the PDVA, both the victim and the accused must be at least 18 years old or emancipated minors. The victim may be under 18 if he or she is alleging abuse by someone with whom he or she has a dating relationship. If the alleged abuser is under 18, then his or her case must be handled through the juvenile justice system.

The victim and alleged abuser also must have one of the following relationships with one another:

  • Spouses or ex-spouses
  • Domestic partners/civil unions
  • Dating or previously dated
  • Share a child together or expecting a child
  • Share a residence together or shared one in the past

In addition, the PDVA provides protection to disabled and elderly persons who may be abused by their caretakers.

Consequences of Domestic Violence Charges for the Accused

A person accused of domestic violence faces serious consequences, including criminal charges and civil penalties.

The victim of domestic violence has the right to file a criminal complaint against an alleged abuser at the local police station. A state attorney then will review the complaint and determine whether there is sufficient evidence to pursue criminal charges.

The penalties for a conviction of any of the criminal charges stemming from domestic violence vary. Factors such as the severity of the injury, number of domestic abuse incidents and whether the accused has a previous criminal record can influence whether the accused will receive jail time, fines or a combination of both. In some cases, the judge may be required to impose a mandatory minimum sentence. In other cases, the judge may order the accused to attend a treatment program and/or complete community service.

Temporary Restraining Orders

Victims of domestic violence also can seek civil relief from their abusers. Generally this means filing a petition for a temporary restraining order, or TRO, against the accused offender. A judge will issue a TRO so long as the victim has provided sufficient evidence that his or her life, health or well-being is endangered or has been endangered in the past. In deciding whether to issue the TRO, the judge will consider other factors as well, including whether there are any children at-risk and whether there have been any previous complaints of abuse.

In issuing a TRO, the judge has great latitude in determining what should or should not be included in it. The TRO can impose severe restrictions on the liberties of the accused in order to protect the victim. Some of these restrictions may include:

  • Ordering the accused to cease all communication with the victim, including emails, text messages, phone and in-person conversations and conversations through third-parties
  • Ordering the accused to cease all contact with the victim, including ordering the accused to stay away from the victim's home, place of work and relatives' houses
  • Awarding possession of a shared home to the victim and ordering the accused to remain off of the property, even if it is solely owned in the accused's name
  • Awarding temporary child custody to the victim of any children he or she shares with the accused
  • Awarding the accused limited visitation rights or taking away existing visitation rights
  • Ordering the accused to pay child support and spousal support
  • Ordering the accused to pay household expenses, including mortgage or rent
  • Ordering the accused to attend counseling or treatment programs for domestic violence and/or substance abuse
  • Ordering the accused to pay damages to the victim for any losses the victim suffered as a result of the abuse, including medical bills, lost wages and property damage
  • Prohibiting the accused from owning or purchasing a firearm

The alleged abuser does not have to be, and usually is not, present when the judge issues a TRO. However, both the accused and the victim must be present before the judge will issue a final restraining order, or FRO. A FRO is a final restraining order that generally does not expire. The judge will give the victim and the accused an opportunity to tell his or her side of the story before deciding whether to issue a FRO. As part of the FRO, the judge also can include an order of spousal or child support.

Like TROs, FROs are enforceable throughout the state of New Jersey and by federal law, throughout the rest of the country. If the accused "purposely or knowingly" violates any term of the restraining order, he or she can be charged with civil or criminal contempt.

Seek Legal Help Today

If you have questions about seeking protection under New Jersey's Prevention of Domestic Violence Act, obtaining or enforcing a restraining order or defending against an unfounded charge of domestic violence, contact an experienced family law attorney today.