New Jersey Domestic Violence Laws

For most, home is where you’re safest. For victims of domestic violence, it’s often the opposite. The abuser has a personal relationship with the victim. They use abuse and fear to control the victim’s life. New Jersey has laws in place to punish abusers and offer relief to their victims.

The Prevention of Domestic Violence Act (PDVA) of 1991 details penalties and protections for domestic violence in New Jersey. Understanding the laws involved is complex. This article will define domestic violence in the state of New Jersey, explain how restraining orders work, and help you navigate the court system. Read on to learn more about domestic violence laws in New Jersey.

The Basics of New Jersey Domestic Violence Laws

Not every abusive crime is domestic violence, nor is every offense between spouses domestic violence either. For domestic violence classification in New Jersey, a certain criminal act must occur between people sharing a qualifying relationship. Let’s take a look at each aspect for a better understanding of what domestic violence is.

Domestic Violence in New Jersey: Criminal Acts

New Jersey law offers a definitive list of crimes and categories eligible for domestic violence classification. Domestic abuse is about power and control. Abusers seek to dominate a victim’s life through threats, fear, coercion, and violence.

While physical abuse is often the image many think of at the mention of domestic violence, it’s far from the only type. The domestic violence offenses under New Jersey law cover a wide range of abusive behavior:

• Assault
• Burglary
• Criminal coercion
• Criminal mischief
• Criminal restraint
• Criminal sexual contact
• Criminal trespass
• Cyber-harassment
• False imprisonment
• Harassment
• Homicide
• Kidnapping
• Lewdness
• Robbery
• Sexual assault
• Stalking
• Terrorist threats
• Violation of a domestic violence restraining order (contempt)
• Any other crime involving risk of serious bodily injury or death to a person protected under the Prevention of Domestic Violence Act of 1991

If participants of a qualifying relationship engage in one of the acts above, it’s considered domestic violence in New Jersey. A crime that doesn’t qualify is still a crime and is subject to prosecution. However, it won’t receive the protections and penalties associated with domestic violence.

Domestic Violence in New Jersey: Relationships

No matter what offense is committed, domestic violence can’t take place between two strangers. Domestic abuse requires a personal relationship between the abuser and the victim. As a result, the betrayal of trust can destroy lives and tear families apart.

While family members are often involved, domestic violence crimes don’t require blood relations or marriage between the participants. The eligible people and relationships in New Jersey are:

• Spouses
• Former spouses
• Current household members
• Former household members
• People with a child in common
• People who have a pregnancy in common
• People who are in a dating relationship together
• People who were in a dating relationship together

If adults over 18 years of age or emancipated minors have a qualifying abusive crime occur between them, it’s domestic violence. Crimes classified as domestic violence often carry enhanced penalties for offenders and offer specialized protections for victims.

Restraining Orders and New Jersey Domestic Violence Laws

If you’ve suffered domestic violence or feel as if you’re in imminent danger, call 911. New Jersey law enforcement receives special training for domestic abuse calls. If there’s probable cause, they can arrest the abuser. They’ll inform you of your rights, including the opportunity to get a restraining order.

New Jersey domestic violence restraining orders can prove an effective means of protection. They aren’t foolproof, as your abuser can choose to ignore the court order. Doing so exposes them to penalties that increase in severity.

If the courts are closed, law enforcement can help you (plaintiff) get a temporary restraining order at the police station. You can file in an open municipal court as well. If the courts are open, you’ll file at the Family Part of the Chancery Division of Superior Court.

You can file in the county you live in, the county your abuser lives in, the county you’ve fled to, or the county where the abuse occurred. For example, if you live in Bergen County but you’re hiding in Essex County, you could file at either county’s courthouse. If the offense happened in Morris County, you could file there as well.

You’ll speak with the judge who received your petition. If they agree that you suffered abuse or that the threat of abuse is ongoing, a temporary restraining order (TRO) is issued. This is often done ex parte, which means the court won’t speak to your abuser before issuing the TRO.

TROs last up to 10 days or until your case hearing. All TROs in New Jersey contain provisions tailored to the specifics of each case. Most tell the defendant (abuser) what they can and cannot do. While most orders are somewhat different, some conditions are common inclusions:

• The defendant must obey a no-contact order
• The defendant can’t return to a shared dwelling unless to retrieve personal items at a scheduled time and accompanied by law enforcement
• Award temporary possession of a shared dwelling to the plaintiff
• The defendant must surrender all firearms or certain other weapons
• The police can search court-ordered locations for firearms
• Award possession of any shared animals to the plaintiff
• Award temporary child custody

A TRO may contain all, some, or none of the above provisions. The court can add a condition for anything it deems necessary. The TRO is served to the defendant by law enforcement. Your final restraining order (FRO) hearing is scheduled within 10 days. If the defendant opposes the order, you’ll both present your cases, offer evidence, and call witnesses at the hearing. Appearing remotely is possible.

If you prove the threat of domestic abuse is ongoing, the court will issue an FRO. The FRO can keep provisions from the TRO and add others, which include:

• The defendant cannot commit domestic violence against you
• The defendant cannot harass, harm, or stalk anyone named in the FRO
• The defendant must stay away from all places named in the FRO
• The defendant must pay spousal support for rent or a mortgage
• The defendant must not contact the plaintiff
• The defendant must pay for reasonable losses resulting from the abuse (the plaintiff can also file a civil suit to recover damages)
• Making a firearm ban last the duration of the order or two years, whichever is longer
• Ordering the defendant to attend domestic violence counseling
• Ordering the defendant to undergo a psychiatric evaluation
• Granting sole possession of a shared dwelling to the plaintiff or ordering the defendant to pay the plaintiff’s rent in a different location
• Determining temporary custody and visitation restrictions
• Awarding temporary possession of personal property to either person
• Ordering the defendant to pay temporary child support

Most FROs are issued without an end date. They stay in effect until either the plaintiff requests termination or a successful petition by the defendant. Any restraining order issued in New Jersey is, under federal law, enforceable anywhere on American soil.

Penalties and New Jersey Domestic Violence Laws

Having a crime classified as domestic violence is important for a couple of reasons. We’ve seen the protections and benefits available through restraining orders. Let’s take a look at the other side and discuss the penalties associated with domestic violence acts and violations of TROs and FROs.

Most crimes associated with domestic violence have severe penalties to start with. A few carry the ability to enhance their punishment for repeat offenders:

• Aggravated assault
• Assault by auto or vessel
• Criminal assault
• Criminal restraint
• Criminal sexual contact
• Homicide
• Kidnapping

These offenses have their incarceration set to at least half of the maximum term available for each level of crime. Crimes of the fourth degree require serving the full 18-month maximum sentence. Crimes of the third degree impose a minimum of 42 months out of a possible 60 months. Fines are also assessed, starting at $10,000.

For effective TROs and FROs, the victim must call law enforcement for any violation by the abuser. Violators are subject to immediate arrest for good cause. Victims may have to file a complaint in Family Court to enforce the punishment.

First-time violators are charged with contempt and guilty of a crime of the fourth degree. The penalties are up to 180 days in jail and a fine of up to $10,000. Subsequent violations carry the same punishments, with a minimum 30-day jail term. This is in addition to the penalties for the offense(s) committed during the violation.

There’s no shame in finding restraining orders tricky to understand. FindLaw’s New Jersey Protective Orders Laws article can help with any remaining questions you have.

Other New Jersey Domestic Violence Resources

Restraining orders aren’t the only aid New Jersey offers. Domestic violence advocates are available at both the local and national levels. They can help you devise a safety plan, find a shelter, and get legal aid.

The fear of an abuser finding them again can cause a victim to stay in a toxic relationship. New Jersey‘s Address Confidentiality Program (ACP) helps by giving the victim a second legal address. It’s used for public records. First-class mail is forwarded to the victim’s true address. There is no charge for the ACP.

Onerous penalties for breaking a lease can make a victim feel trapped. New Jersey law allows victims of domestic violence to make a legal exit from a lease without consequences. They must provide 30 days’ notice, proof of their restraining order, and pay rent until they leave.

New Jersey Domestic Violence Laws: Additional Resources

• National Domestic Violence Hotline 1-800-799-SAFE (7233)
• Help in New Jersey for Sexual and Domestic Violence – Womanspace Inc 1-800-572-SAFE (7233)
• Domestic Violence FAQ
• Directory of New Jersey Family Courts
• Filing a Domestic Violence Lawsuit

Need Help With Domestic Violence Issues? Speak With a New Jersey Attorney

If you’ve suffered sexual abuse, simple violence, or any other incident of domestic violence, it’s a good idea to meet with a New Jersey domestic violence attorney for legal advice. Their experience with family law and domestic violence victims can help you in numerous ways.

If you’re facing criminal charges, a disorderly persons offense, or any other type of criminal complaint, reach out to a New Jersey criminal defense attorney for help. They’ll examine your case and stand by your side in court.