Domestic Violence

Understanding Domestic Violence in New Jersey

Who Qualifies as a Victim Under the Act?

Eligibility and Protected Individuals

Not everyone is automatically covered under the Prevention of Domestic Violence Act. The Act specifically protects individuals who meet certain criteria. The law is designed to address abuse within the context of personal relationships, such as spouses, cohabitants, or romantic partners.

The following individuals are eligible to seek protection under the Act:

• Adults 18 years or older, or emancipated minors
• A current or former spouse of the accused
• A person who shares a child with the accused
• A person who is pregnant by the accused
• Individuals currently or previously residing in the same household
• People currently or formerly in a dating relationship with the accused

This expansive definition ensures that anyone in a vulnerable domestic setting has the right to legal recourse if subjected to abuse or threats.

What Constitutes Domestic Violence?

Recognizing Offenses That Qualify

Domestic violence in New Jersey is defined by the occurrence of one or more specific criminal offenses. The law considers not just physical violence but also emotional abuse, harassment, and stalking. A single act of one of these offenses may suffice for a domestic violence charge if it occurs within the context of a protected relationship.

The following are considered acts of domestic violence under New Jersey law:

• Assault (simple or aggravated)
• Harassment (verbal, physical, or electronic)
• Stalking (repeated, unwanted attention or surveillance)
• Criminal Mischief (damaging property)
• Terroristic Threats (threatening bodily harm or death)
• Sexual Assault or Criminal Sexual Contact
• Burglary or Criminal Trespass
• Kidnapping
• False Imprisonment (unlawful restraint)
• Homicide

In court, evidence of even one of these offenses is enough to justify a restraining order or additional criminal charges—making it essential for both victims and the accused to understand their legal standing.

Levels of Domestic Violence Charges

Criminal Classifications and Consequences

Domestic violence charges in New Jersey are classified by severity, from minor infractions to serious crimes. Each level carries different penalties:

Petty Disorderly Persons Offense

• Examples: Minor verbal threats, offensive comments, first-time harassment
• Penalties: Up to 30 days in jail, fines up to $500

Disorderly Persons Offense

• Examples: Simple assault, less severe stalking
• Penalties: Up to 6 months in jail, fines up to $1,000

Indictable Offenses (Felonies)

• Examples: Aggravated assault, sexual assault, repeated and serious stalking
• Penalties:
  • First-Degree: 10–20 years in prison
  • Second-Degree: 5–10 years in prison
  • Third-Degree: 3–5 years in prison
  • Fourth-Degree: Up to 18 months in prison

The court may also issue additional penalties such as mandatory counseling, community service, or anger management classes.

Restraining Orders in New Jersey

Legal Protections for Victims

Restraining orders are one of the most important tools for protecting victims of domestic violence. They are court-ordered mandates that prohibit the accused from contacting or coming near the victim. New Jersey law allows for two types of restraining orders:

Temporary Restraining Order (TRO)

• Issued quickly to provide immediate protection
• Can be granted based on a sworn statement from the victim
• Does not require the presence of the accused
• Includes provisions such as:
  • Order to stay away from victim’s residence, workplace, or school
  • Ban on all forms of communication, including phone, text, and social media
  • Temporary child custody or financial support arrangements

Final Restraining Order (FRO)

• Issued after a full court hearing where both parties can present evidence
• Does not expire—remains in effect permanently unless vacated by the court
• Has serious consequences including:
  • Appears on background checks
  • Prohibits firearm ownership
  • Can affect employment, housing, and immigration status

False Allegations and Misuse of Domestic Violence Law

Protecting the Innocent

Unfortunately, domestic violence laws—while essential—can sometimes be misused. False allegations are not uncommon during heated custody disputes, divorces, or relationship breakdowns. An accusation alone can lead to life-changing consequences: loss of custody, damage to reputation, and legal penalties. At Omojola Law, we take these cases seriously and fight relentlessly to ensure justice is upheld for those wrongfully accused.

We work to uncover the truth through:

• Cross-examining the accuser’s statements for inconsistencies
• Analyzing texts, emails, and call logs
• Using character witnesses and third-party observations
• Reconstructing the timeline of events with documentation

Our goal is not just to defend—it’s to restore your peace of mind and reputation.

Defense Against Domestic Violence Charges

Violating a Restraining Order

Legal Consequences of Non-Compliance

Violating a TRO or FRO is a criminal offense in New Jersey. Even indirect contact—such as sending a message through a third party or liking a social media post—can constitute a violation. Consequences include:

• Immediate arrest without a warrant
• Criminal contempt of court charges
• Jail time and additional fines
• Detention hearings and potential for extended custody

For individuals who already have a criminal history or multiple restraining order violations, the penalties may be far more severe.

Why Choose Omojola Law?

Speak to a Domestic Violence Attorney Today

Act Now to Protect Your Future

If you or a loved one is involved in a domestic violence case—either as a victim or as someone accused—don’t wait to get legal advice. The earlier you take action, the stronger your legal position will be.

We understand what’s at stake: your safety, your rights, and your future. Let our team at Omojola Law provide the guidance, advocacy, and legal power you need to move forward.
For more legal guidance, visit the New Jersey Domestic Violence Resources page or consult the NJ Courts’ Domestic Violence section for court-based support.

📞 Contact us today to schedule a confidential consultation and take control of your legal situation.