Domestic Violence Laws in New Jersey

Key Takeaways

New Jersey’s Prevention of Domestic Violence Act defines domestic violence as one of 19 criminal offenses committed against a protected person in a qualifying relationship.
Protection usually begins with a Temporary Restraining Order, followed by a hearing for a Final Restraining Order, which does not expire in New Jersey.
Under Silver v. Silver, a judge must find both a predicate offense and a need to protect the victim.

Domestic violence is a serious problem that affects the lives of many families. It can happen between married couples, former spouses, dating or formerly dating couples, people who live together, and those who share a child together. New Jersey works to protect victims of abuse while also protecting those who are wrongfully accused. In 1991, the New Jersey Prevention of Domestic Violence Act declared domestic violence a serious crime against society and made it the court’s responsibility to protect victims.

If you are in immediate danger, call 911. The New Jersey Domestic Violence Hotline is available 24/7 at 1-800-572-7233.

What Is Domestic Violence Under New Jersey Law?

There is no one type of victim of domestic violence. They come from all different backgrounds and can be any gender, age, social status, ethnicity, religion, or sexual orientation. People often think of domestic violence as only physical abuse, but it takes many forms and does not always leave physical signs.

Under the Prevention of Domestic Violence Act, “domestic violence” is not a formal charge. Instead, it means that one or more specific criminal offenses listed under N.J.S.A 2C:25-19, against a person who is protected. Under the statute, there are 19 predicate offenses:

Homicide
Assault
Terroristic threats
Kidnapping
Criminal restraint
False imprisonment
Sexual assault
Criminal sexual contact
Lewdness
Criminal mischief
Burglary
Criminal trespass
Harassment
Stalking
Criminal coercion
Robbery
Contempt of a domestic violence order
Cyber-harassment
Any other crime involving the risk of death or serious bodily injury to a protected person

Harassment is one of the most commonly alleged offenses, though not every crime qualifies. For example, burglary is a predicate offense, but theft in and of itself is not.

Who Is Protected? The Required Relationship

The Act protects people in specific relationships with the abuser, not strangers or casual acquaintances. Under N.J.S.A. 2C:25-19(d), a “victim of domestic violence” is someone who is 18 or older, a legally emancipated minor, who has experienced domestic violence by:

A spouse or former spouse
A present or former household member
Someone with whom they have a dating relationship or had one in the past

In addition, a person of any age is protected in the event the abuse is by someone with whom they share a child or with whom they are expecting a child. Minors under the age of 18 who do not meet these requirements are typically not covered by the Act, though there are other applicable laws that may offer protections.

New Jersey’s Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17, offers protections through restraining orders and other remedies. Domestic violence is considered one of 19 specific criminal offenses committed against a protected person in a qualifying relationship.

Protection generally starts with a Temporary Restraining Order (TRO), which typically precedes a hearing for a Final Restraining Order (FRO). To grant an FRO, the judge must find, by a preponderance of the evidence, that the abuser committed one of the specific offenses and that the order is necessary to protect the victim from further harm.

How Do I Get a Restraining Order?

When seeking protection, a TRO can be requested at a county courthouse during business hours, or if the courts are closed, by a local police department, which can reach a judge at any hour. TROs can be issued the same day and without the other party present. Additionally, TROs require the abuyser from contacting you or come near you, surrender their firearms, and provide temporary custody and support.

It is important to understand that a TRO is temporary, and within approximately 10 days from the date it’s issued, the court can hold a hearing to determine whether or not a Final Restraining Order is necessary. In New Jersey, an FRO does not expire. As such, it will remain in place until it is dissolved by a court.

What a Judge Must Find for a Final Restraining Order

When hearing matters for an FRO, the New Jersey courts adhere to the two-part test established in Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006). As such, the victim must prove, by the preponderance of the evidence standard:

The abuse committed one of the predicate offenses listed in the Prevention of Domestic Violence Act, AND
That a restraining order is required to protect the victim from immediate danger or further abuse

For a FRO to be issued, both of these stipulations must be met. In the event the offense inherently involves physical violence, the need for protection is generally clear. However, in cases involving offenses like harassment, the courts will need to closely examine the history of the parties involved.

Other Protections Available

In addition to restraining orders, New Jersey offers victims of domestic violence several protections:

Address Confidentiality Program: Victims can obtain a legal substitute address to use with public agencies instead of their physical address.
Civil remedies: A victim may seek compensation for losses or expenses, such as medical bills or pain and suffering.
Custody and support orders: Child custody, child support, or spousal support orders can be modified to protect against further violence.

False Accusations

When a person is accused of domestic violence, it can carry a lot of weight. These accusations can impact a person for the rest of their life, including a possible criminal record. Because the stakes are so high on both sides, it is important that these matters be handled accurately and fairly. Someone facing an accusation they dispute should contact an experienced attorney promptly.