If you are a victim of domestic violence, our firm will swiftly and effectively fight on your behalf. Domestic violence charges in New Jersey often involve criminal prosecution and civil restraining order violations, sometimes within as little as 24 hours of the alleged incident. Understanding how the New Jersey Prevention of Domestic Violence Act works is critical, regardless of whether you are seeking protection or responding to alleged violations. To learn how our legal team will work to obtain a restraining order to protect you, continue reading and contact our Morristown domestic violence lawyer.
How Is Domestic Violence Defined In New Jersey?
Domestic violence is not limited to any specific gender, sexual orientation, or otherwise. Men and women can be both abusers and victims of domestic violence. Domestic violence is also not limited to physical attacks. Domestic violence can come in the form of verbal, sexual, or psychological abuse as well.
Under New Jersey law, domestic violence occurs between individuals who:
- Are married or formerly married
- Are dating or formerly dated
- Live together or previously lived together
- Share a child
- Are current or former household members
Under N.J.S.A 2C:25-19, domestic violence is legally defined as the commission of specific criminal acts against a protected person who qualifies under the statute. This law does not create a separate, standalone “domestic violence offense,” but rather enhances and categorizes specific crimes when they occur within a qualifying relationship.
Criminal Acts That Can Constitute Domestic Violence in New Jersey
Under N.J.S.A 2C:25-19, the following offenses can qualify as domestic violence when committed against a protected individual:
- Assault (simple or aggravated)
- Harassment
- Terroristic threats
- Stalking
- Criminal restraint
- Sexual assault
- Criminal mischief
- Kidnapping
- Burglary
- Contempt of a restraining order
- Criminal coercion
Are There Criminal Penalties for Domestic Violence Charges in New Jersey?
It’s important to understand that domestic violence in and of itself is not a statutory offense. As such, the criminal penalties will depend on the underlying qualifying offense. Charges can range from a disorderly persons offense to a first-degree indictable crime (felony), depending on the severity of physical injuries, weapons involvement, whether a restraining order was violated, the vulnerability of the victim, and prior domestic violence history.
In Morristown and throughout Morris County, domestic violence charges are handled in the Superior Court of New Jersey, Family Division and Criminal Division. Whether you are seeking protection or fighting against allegations, it’s critical to understand how local New Jersey courts handle these matters.
Potential Criminal Consequences by Degree of Offense
- Disorderly Persons Offense
- Up to 6 months in county jail
- Up to $1,000 in fines
- Potential probation
- Court-ordered anger management
- Permanent criminal record unless the charge is expunged
- Fourth-degree Indictable Offense
- Up to 18 months in prison
- Up to $10,000 in fines
- Potential for probation eligibility in some circumstances
- Third-degree Indictable Offense
- Between three and five years in prison
- Up to $15,000 in fines
- Presumption of imprisonment may apply
- Second-degree Indictable Offense
- Between five and ten years in prison
- Up to $150,000 in fines
- No presumption of non-incarceration
- First-degree Indictable Offense
- Between ten and twenty years in prison
- Up to $200,000 in fines
- An extended prison sentence is possible
What Should I Know About Temporary Restraining Orders In New Jersey?
In New Jersey, Temporary Restaining Orders are generally issued through the Superior Court, Family Division in the county where the alleged incident occurred or the county where either party involved lives.
Victims of domestic violence are protected under the New Jersey Prevention of Domestic Violence Act of 1991, which allows them to seek both criminal and civil relief from their abuser. If you are a victim of domestic violence, you can receive a Temporary Restraining Order from your local family court or local police department. It is important that you act now. If you are in immediate danger, it is best to call the police directly to get you and your children to safety.
A Temporary Restraining Order (TRO) can be issued the same day an application is filed, often without the accused party even present.
What Can a Temporary Restraining Order Do?
- Prohibits all contact with the victim
- Remove access to a shared residence
- Grant temporary custody of shared children
- Restrict parenting and visitation time
- Require the person against whom the order is issued to relinquish firearms
- Create temporary child support orders
What Should I Know About Final Restraining Orders In New Jersey?
Within 10 days of issuing a temporary restraining order against an alleged abuser, the court will schedule a hearing where you and your family law attorney will work to prove that the incidents of abuse occurred. This will be done by utilizing evidence such as text messages, medical records, and more. If this is successful, the temporary restraining order should be made final. During this time, you can also file criminal charges against your abuser through a Criminal Complaint where you reside, where the abuser resides, where you are currently being sheltered, or where the incident occurred.
The purpose of a restraining order is to prevent the individual from contacting you and your children. If you share children with your abuser, this restraining order will likely lead to a modification of your initial child custody agreement.
Evidence Commonly Used at a Final Restraining Order Hearing
- Texts and emails
- Social media comments, messages, and posts
- Medical reports of injuries
- Police reports
- Witness testimony
- Photos and videos of visible injuries and property damage
- Prior incidents and allegations
Long-Term Consequences of a Final Restraining Order
- Does not expire automatically in New Jersey
- Can alter custody and visitation rights
- If a violation occurs, contempt charges may be raised
- Prohibits ownership of firearms
- Can place the restricted individual on the New Jersey domestic violence registry
Are There Civil Consequences in Addition to Criminal Charges?
In addition to criminal court proceedings, it’s important to understand that alleged victims may be able to pursue compensation for damages in accordance with the Prevention of Domestic Violence Act. However, it is imperative to note that the outcomes of civil and criminal matters are independent of one another. In fact, it is not uncommon for a civil suit to close before a criminal matter ends.
Potential Civil Penalties
- Permanent restraining order
- Compensatory damages
- Punitive damages in severe cases
- Court-ordered mandatory counseling
- Payment of attorney’s fees
- Potential custody modifications
Contact Our Experienced New Jersey Criminal Defense Firm
Graves Andrews, LLC is an experienced Morris County family law & criminal defense law firm serving all of New Jersey. Our firm represents clients in Morristown, Morris County, and throughout the state of New Jersey in both restraining order issues and domestic violence charges. Contact Graves Andrews, LLC to schedule an initial consultation to learn more about our services and how we can assist you