Domestic violence charges are serious matters, handled with speed and concern by the New Jersey courts. Domestic violence charges come in a variety of flavors - assault to terroristic threatening - and they all carry significant legal and personal ramifications. The courts act fast to protect the unprotected, and a person charged with domestic violence could lose access to home and family in less than 10 days. Your reputation in the community may be damaged. You may have difficulty finding a job.

Who can File a Charge of Domestic Violence?

• A spouse or former spouse
• Present or former household member
• Co-parent
• Boyfriend, girlfriend, ex-boyfriend, ex-girlfriend

The Prevention of Domestic Violence Act: 1991

The Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 provides a complete list of offenses that define domestic violence, including: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking.

These offenses range from fourth to first degree, and carry penalties as severe as life in prison and tens of thousands of dollars in fines.

Why am I Being Arrested for Domestic Violence?

According to New Jersey statutes, a police officer must arrest and take into custody a domestic violence suspect and must sign the criminal complaint against that person if the victim exhibits signs of injury caused by an act of domestic violence - these injuries can be internal or external. If a victim states than an injury occurred but there is no visible sign, action taken is at the discretion of the peace officer. If there is probable cause to believe the terms of a no-contact court order have been violated. If a warrant is in effect. If there is probable cause to believe that a weapon was involved in the commission of an act of domestic violence.

What Happens if I am Served With a Temporary Restraining Order?

If you're served with a Temporary Restraining Order (TRO) based on domestic violence, the impact on your life can be devastating and immediate. By law, within 10 days of being served, you and your accuser will have a hearing to determine whether the order is final, for how long and under what conditions.

Consequences of Domestic Violence

A domestic violence conviction can result in jail time – either in State or County jail - fines, probation, community service and court ordered counseling. If the court grants a restraining order you may be subject to eviction, fines, monitoring and face additional restrictions on your freedom.

Protections in Addition to Criminal Prosecution

The New Jersey legal system provides a variety of remedies and legal protections for victims of domestic violence.

The Address Confidentiality Program (ACP) allows victims to get a legal substitute address (usually a PO Box) to shadow their actual physical address. Mail sent to the ACP address is forwarded to the victim's true address.

A Protective Order is a court order signed by a judge offering protection to victims of domestic violence.

A victim of domestic violence can file a civil lawsuit to recover expenses and losses such as medical bills or damages for pain and suffering.