Domestic violence is a serious issue that affects many individuals and families throughout New Jersey. The state has stringent laws designed to protect victims and hold perpetrators accountable. If you or someone you know is involved in a domestic violence situation—either as a victim or as someone facing accusations—it’s essential to understand the legal definitions, protections, and potential consequences. In this blog post, we’ll explore what constitutes domestic violence under New Jersey law, the legal protections available, and the possible outcomes for those accused of such offenses.

What is Domestic Violence?

In New Jersey, domestic violence is defined as the commission of specific criminal acts against a person who falls under a particular category of relationships. These acts can be physical, emotional, or psychological and may involve threats, harassment, or control.

Under the New Jersey Prevention of Domestic Violence Act (PDVA), domestic violence includes a variety of criminal offenses such as:

• Assault (N.J.S.A. 2C:12-1): Any physical harm or attempt to harm, whether it involves minor injuries or serious bodily harm.
• Harassment (N.J.S.A. 2C:33-4): Repeated conduct that is intended to annoy, alarm, or harm the victim.
• Stalking (N.J.S.A. 2C:12-10): Following, monitoring, or engaging in a pattern of conduct that causes the victim to fear for their safety.
• Terroristic Threats (N.J.S.A. 2C:12-3): Threatening to commit violence that causes fear or disruption.
• Sexual Assault (N.J.S.A. 2C:14-2): Any form of non-consensual sexual contact.
• Criminal Mischief (N.J.S.A. 2C:17-3): Damaging or destroying the victim’s property.
• False Imprisonment (N.J.S.A. 2C:13-3): Restricting someone’s freedom of movement without lawful authority.

Who Can Be a Victim of Domestic Violence?

Under New Jersey law, a victim of domestic violence must have a specific relationship with the alleged abuser. The PDVA protects individuals who are:

• Current or former spouses or household members.
• Individuals who have a child together.
• Individuals who are in a current or previous dating relationship.
• Minors and adults who are subjected to the abusive behavior of a parent or guardian.

Legal Protections for Victims of Domestic Violence

Victims of domestic violence in New Jersey have several legal options to protect themselves and prevent further harm. Some of the key legal protections include:

Temporary and Final Restraining Orders (TRO and FRO)

• One of the most effective tools for protecting victims is a restraining order. A victim can file for a Temporary Restraining Order (TRO), which provides immediate protection. If the court finds that the victim is in danger, the TRO will be granted on a temporary basis.
• After a hearing, the court may issue a Final Restraining Order (FRO) if it determines that the victim needs ongoing protection. A FRO can last indefinitely and offers broader protections, such as prohibiting contact, granting temporary custody of children, and even removing the abuser from a shared residence.

Emergency Protective Orders

• If law enforcement is called to a domestic violence incident, officers may issue an emergency protective order if they believe immediate protection is necessary.

Criminal Charges and Prosecution

• In addition to restraining orders, domestic violence victims can pursue criminal charges against the abuser. The state may prosecute the defendant for any crimes committed during the domestic violence incident, such as assault or harassment.

Support Services and Counseling

• New Jersey provides various support services for victims, including counseling, legal aid, and emergency housing. Organizations such as the New Jersey Coalition to End Domestic Violence (NJCEDV) offer resources to help victims regain control of their lives.

Consequences for Those Accused of Domestic Violence

Being accused of domestic violence in New Jersey can have severe legal and personal repercussions, including:

Restraining Orders

• If a final restraining order is issued, it can significantly impact the defendant’s life. FROs can prevent the accused from contacting the victim, restrict access to shared property, and even influence child custody arrangements.

Criminal Charges

• Depending on the nature of the incident, the accused may face criminal charges ranging from harassment to aggravated assault. Penalties can include jail time, fines, mandatory counseling, and a permanent criminal record.

Loss of Firearm Rights

• Under New Jersey law, a restraining order or a conviction for a domestic violence offense results in an automatic prohibition on owning or possessing firearms.

Impact on Employment and Reputation

• A domestic violence conviction or restraining order can have long-term consequences on employment, especially for individuals in positions that require background checks. It can also damage personal relationships and reputation.

Defending Against Domestic Violence Charges

For individuals accused of domestic violence, a strong legal defense is critical. Some common defense strategies include:

Lack of Evidence

• The prosecution must prove the allegations beyond a reasonable doubt. If there is insufficient evidence, the defense can argue for a dismissal of the charges.

False Allegations

• In some cases, accusations of domestic violence may be fabricated or exaggerated due to a contentious breakup or custody dispute. Evidence such as witness testimony, text messages, and social media posts can be used to refute false claims.

Self-Defense

• If the accused acted in self-defense to protect themselves from harm, this can be a valid legal defense.

Consent

• For charges such as criminal mischief or damage to property, showing that the alleged victim consented to the conduct can negate the charges.

Why You Need an Experienced Domestic Violence Attorney

Domestic violence cases are complex and emotionally charged. Whether you are a victim seeking protection or someone facing accusations, it is crucial to have a knowledgeable attorney by your side. At Mavinkurve & Patel, LLC, we understand the nuances of domestic violence law in New Jersey and can provide the legal guidance you need to protect your rights.

If you are dealing with a domestic violence issue, contact us today to discuss your case. We are committed to providing compassionate and effective representation, whether you are seeking safety and justice or defending against serious allegations.