Domestic Violence Charges & Penalties in New Jersey
What is Domestic Violence
Domestic violence is commonly viewed as physical abuse committed by someone with whom the perpetrator has either currently or previously been in a relationship with, such as a spouse or former spouse, or parties who either presently have a child together or are expecting one.
New Jersey law, as detailed in the Prevention of Domestic Violence Act (PDVA) of 1991, lists the specific criminal offenses that constitute domestic violence, which include:
- 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
Who May Make a Domestic Violence Complaint?
An important distinguishing factor in a domestic violence case that differentiates the charges from other types of criminal cases is the relationship between the parties. The PDVA states the relationship must fall into the following “protected” categories:
- Married
- Separated
- Divorced
- Previously or presently living together
- The parties have dated, have a child together, or are expecting
Gender is not a factor in the legal proceedings of domestic violence cases, and the defendant must be at least 18 years old or an emancipated minor. The PDVA considers a minor emancipated if he or she is or was married, has entered the military, has a child or is expecting, or if a court or administrative agency has previously declared the minor emancipated.
What are the Charges and Penalties for Domestic Violence?
There are numerous factors taken into account in determining whether a domestic violence charge is a misdemeanor or felony. Courts will examine prior offenses and the specific conduct involved to decide the severity of the potential punishment.
If a non-felony charge is issued, it will likely be charged as a simple assault (a Disorderly Persons Offense) or harassment (Petty Disorderly Persons Offense), and the local municipal court will hear the case. A Disorderly Persons Offense has a potential conviction of up to six months in jail and a Petty Disorderly Persons Offense has a potential of up to thirty days in jail. Penalties could also include anger management classes, fines, restitution and/or probation.
Felony domestic violence charges may be filed in cases of possessing a weapon for unlawful purposes, sexual assault, or aggravated assault. Aggravated assault differs from simple assault in that the charge is upgraded in the case of serious bodily injury or in instances where a simple assault is committed with a deadly weapon.
Felony domestic violence charges can carry severe penalties depending on the degree of charge:
- Fourth-degree: up to 18 months in New Jersey State Prison
- Third-degree: 3 to 5 years
- Second-degree: 5 to 10 years
- First-degree: up to 20 years
A domestic violence conviction will also result in someone being prohibited from firearm purchases. Someone who has been convicted of a misdemeanor (aka Disorderly Persons or Petty Disorderly Persons Offenses) domestic violence crime — where the perpetrator used or attempted to use physical force or threatened the use of a deadly weapon against the victim — or has had a Final Restraining Order (FRO) issued against them, may be barred from purchasing a firearm under state and federal laws.
If the victim obtains a Final Restraining Order (FRO) they can ask the Judge to order payment for lost income, medical bills and the defendant could be ordered to pay attorney fees for the victim.
New Jersey is a “Mandatory Arrest” state. This means that when law enforcement responds to a domestic violence allegation and observes signs of physical injury, the officers are required to make an arrest and file charges. Even if the victim requests that no charges be issued (or “pressed”), the presence of injury overrides this request, and the officers must proceed with the arrest.
Restraining Orders
A restraining order is not automatically issued upon domestic violence charges, but the judge likely will issue a no-contact order that prevents the defendant from having any form of communication with the victim, including emails, texts, or even communication through a third party.
If a restraining order is obtained, it can prevent the defendant from visiting the victim’s home or place of employment. It is likely the initial restraining order will be temporary until a hearing is conducted, where the court will examine the specifics of the case and determine the possible need for an FRO.
An FRO results in documentation that the defendant has committed a domestic violence act, which can affect employment and other professional opportunities. Though restraining orders are civil orders that do not directly punish the abuser with a criminal record, violating a restraining order can be considered criminal contempt, with additional violations serving as grounds for an automatic jail sentence.
How an Attorney can Help You Fight Domestic Violence Charges
When dealing with a Restraining Order, it is crucial to hire an experienced attorney for several important reasons.
First, Restraining Order hearings are considered “summary offenses,” meaning your due process rights are significantly limited. You are not entitled to exchange discovery (evidence) before a trial, and the trial must take place within a short time frame.
Second, the consequences of a Restraining Order can be long-lasting. If a Final Restraining Order is issued, its impact is permanent. Notably, you will be prohibited from owning or possessing a firearm in New Jersey, and that restriction may extend to other states as well.
Third, the consequences can be both intrusive and costly. A judge may order you to undergo a mental health evaluation, psychological evaluation, and/or drug and alcohol assessment, along with compliance to any recommendations that follow. The judge can also order you to participate in anger management counseling or batterer’s intervention programs. Those evaluations and follow-up treatments may come at your expense. Additionally, if the plaintiff hires an attorney, the court can order you to pay their legal fees.
An experienced defense attorney can evaluate your case and develop strategies to avoid or minimize those consequences. They will assess your case’s strengths and weaknesses and help you decide whether to proceed with a hearing or explore potential resolutions short of a trial. Not only can your attorney provide you with all of your options, but we can also present and aggressively present viable defenses.
Common defenses include challenging the court’s jurisdiction. New Jersey Restraining Orders apply only to parties who share a domestic relationship. If the court lacks jurisdiction, the Restraining Order must be dismissed.
Another defense is contesting the allegations of a “predicate act.” A Restraining Order cannot be granted unless the plaintiff proves that a qualifying act of domestic violence occurred. These acts are defined by law, and if the plaintiff fails to prove one of them, the Restraining Order must be dismissed.
Even if the plaintiff can prove a predicate act, another viable defense is the inability to establish the “need for restraints.” In addition to proving jurisdiction and a predicate act of domestic violence, the plaintiff must also show that there is a viable need for a Restraining Order. For example, if the act of domestic violence was an isolated incident with no indication of future harm, we can successfully argue for the dismissal of the Restraining Order.
In addition to these defenses, an experienced attorney will vigorously represent you at the trial. This includes ensuring the plaintiff provides and presents all appropriate evidence, calls all necessary witnesses, and adheres to the rules of evidence. Your attorney will also aggressively cross-examine all witnesses to protect your interests.
There are other defenses available, but these are among the most common. With skilled legal representation, you can effectively challenge a Restraining Order and its potentially life-altering consequences.
Finding a Defense Attorney to Fight Domestic Violence Charges
Domestic violence charges can carry severe penalties that result in prison time or a restraining order that impacts daily life and opportunities. Courts take into account many factors in deciding the outcomes of domestic violence cases, and it is important to have an experienced legal team advocating for you that can reduce or eliminate charges.
If you or a family member have been charged with domestic violence, contact Rosenberg | Perry & Associates for a free consultation. We’ll learn about your case and explain how our team of experienced criminal defense attorneys can fight for you.