New Jersey Domestic Violence Laws

By , Contributing Author | Updated by Kelly Martin, Attorney
Updated May 24, 2023
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In New Jersey, committing domestic violence can result in time behind bars, a restraining order, and hundreds of dollars in fines. Read below to find out about NJ domestic violence laws and the punishment for violating them.

What is Considered Domestic Violence in New Jersey?

New Jersey punishes as domestic violence certain types of crimes committed by an adult (or emancipated minor) against anyone considered a "domestic violence victim." The crimes that can qualify as domestic violence include:

A domestic violence victim includes:

  • a current or former spouse who is 18 or older or is an emancipated minor
  • a current or former household member who is 18 or older or is an emancipated minor
  • a person with whom the perpetrator has a child or is expecting a child, regardless of the victim's age, or
  • a person with whom the perpetrator has had a dating relationship.

(N.J. Rev. Stat. § 2C:25-19 (2023).)

Arrests for Domestic Violence in NJ

Under New Jersey law, officers must make an arrest and sign a criminal complaint when (1) someone claims they're a victim of domestic violence by the suspected person, (2) the officer has sufficient evidence to believe that the DV occurred, and (3) one of the following circumstances applies:

  • the victim shows signs of injury
  • the officer has sufficient cause to believe the person used a weapon to commit the alleged DV crime
  • there's an arrest warrant, or
  • the person violated a domestic violence restraining order (more on restraining orders below).

An officer can (but doesn't have to) make an arrest or sign a criminal complaint when there's sufficient evidence to believe that the person committed domestic violence but none of the other conditions listed above exist.

If two people show signs of physical injury and both claim to be the victim of domestic violence, the officer must identify which person is the aggressor. To make that determination, the officer will consider the injuries of each person, the history of domestic violence between them, and any other relevant factors.

(N.J. Rev. Stat. § 2C:25-21 (2023).)

Domestic Violence Restraining Orders in New Jersey

A victim of domestic violence can file a complaint seeking protection from the alleged abuser. A judge can grant temporary restraining order (TRO) if it's necessary to protect the victim. A TRO can include many provisions, including:

  • prohibiting the accused person from returning to the scene of the domestic violence
  • requiring a search for and seizure of the accused person's weapons
  • bar the accused from possessing a firearm or other deadly weapon, and
  • award the victim possession of an animal held by either party or a minor child.

The police serve the accused with a copy of the TRO, and within 10 days, there will be a hearing for a final restraining order (FRO). If the judge thinks there are grounds to believe the allegations, the judge will issue a FRO containing provisions in addition to those in the TRO. Some of these provisions might :

  • grant exclusive possession of the residence or other property to the victim
  • prohibit the accused from contacting the victim or entering their residence, workplace, or school
  • require the accused to pay the rent or mortgage on the plaintiff's residence
  • order temporary child custody and parenting time
  • require the accused to compensate the victim for losses caused by the abuse, and
  • order the accused to receive counseling or a psychiatric evaluation

The court will also order a mandatory fine of at least $50, and up to $500.

A person who knowingly violates a domestic violence restraining order is guilty of criminal contempt, a crime in the fourth degree, unless the violated provision pertains to counseling, parenting time, monetary compensation, rent or mortgage payments, or the surrendering of specified property to the victim. Typically, the type of violation that's a crime is committing further abuse or harassment, or violating the no-contact and stay-away provisions.

(N.J. Rev. Stat. §§ 2C:25-28, 2C:25-29, 2C:25-30, 2C:25-31, 2C:29-9 (2023).)

Penalties for Domestic Violence Offenses in NJ

The punishment for a domestic violence offense will depend on the type of crime that was committed. For example, a crime like sexual assault will be punished more harshly than something like harassment.

A very low-level "petty disorderly persons" offense normally will be punished as a misdemeanor, but more serious offenses are often punished as a felony (called an "indictable offense" in NJ). Also, having prior domestic violence convictions, or committing a new offense while subject to a DV restraining order, can make the crime more serious and the penalty harsher.

Certain first-time offenders might be eligible for diversion, and in some cases, the court could grant probation.

In addition to being sentenced on the offense committed, the person will have to pay a DV fine and relinquish any firearms.

See these articles on misdemeanor and felony crimes in New Jersey for more specific information about sentencing in NJ.

Defenses to Domestic Violence in New Jersey

In any criminal case, including domestic violence cases, some general defenses might apply, depending on the circumstances. Self-defense and accident (no intent) aren't uncommon in domestic violence cases. Also, sometimes a defendant can show that the accusations are false because the victim had it out for the defendant or lied for other reasons.

Consult With An Attorney

A domestic violence conviction can have very serious consequences, including time behind bars, a substantial fine, and a serious criminal record. If you're charged with DV, or you've received a restraining order, you should contact a New Jersey criminal defense attorney. An experienced attorney should be able to tell you how your case is likely to fare in court based on the facts of your case, and can help you mount the strongest possible defense. They should also have a good idea of whether dismissal, diversion, probation, or a plea deal is possible.

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