Understanding Domestic Violence and Abuse

Domestic violence impacts the lives of countless individuals in New Jersey each year. These acts aren’t just about physical harm - they’re about power. They happen when someone you have - or have had - a familial or dating relationship tries to hurt, scare, or control you. This could be a spouse or partner, someone you live with, a family member, a person you’re dating, or even an ex.

And abuse doesn’t always look the way people expect. While it can be physical, it can also be emotional. It might show up as threats, constant criticism, isolating you from friends and family, or using fear and intimidation to stay in charge.

In New Jersey, the Prevention of Domestic Violence Act helps protect people facing this kind of behavior. The law lists specific actions like stalking, harassment, and assault that are considered domestic violence and provides survivors with a path to safety and legal protection. Let’s dive into the legal definitions and how you can protect yourself.

Overview of New Jersey’s Domestic Violence Law

In New Jersey, behavior intended to control, intimidate, or harm the victim qualifies as abuse, provided:

·      The victim is 18 years of age or older or an emancipated minor and was subjected to the abuse by a spouse, former spouse, any other person who is a present household member or was at any time a household member OR

·      The victim, regardless of age, was subjected to abuse by someone with whom the victim has a child in common or is pregnant with that person’s child OR

·      The victim has been subjected to abuse by a person with whom the victim has had a dating relationship.

Types of Domestic Violence Recognized in New Jersey

The Prevention of Domestic Violence Act specifically outlines acts that constitute domestic violence, which include:

1.     Homicide

2.     Assault

3.     Terroristic Threats

4.     Kidnapping

5.     Criminal Restraint

6.     False Imprisonment

7.     Sexual Assault

8.     Criminal Sexual Contact

9.     Lewdness

10.  Criminal Mischief

11.  Burglary

12.  Criminal Trespass

13.  Harassment

14.  Stalking

15.  Criminal Coercion

16.  Robbery

17.  Contempt of a Previous Domestic Violence Order

18.  Cyber Harassment

19.  Any other crime involving risk of death or serious bodily injury to a person protected under the Act

Recent case law has expanded the acts to include coercive control, and in 2024, a bill was passed to consider coercive control domestic violence, protecting victims of non-physical abuse.

What Is Coercive Control Under NJ’s Domestic Violence Law

In relation to domestic violence, coercive control is a sustained and calculated behavior to gain control over another person. It can include:

·      Isolating a victim from friends and family

·      Emotional manipulation

·      Monitoring and surveillance

·      Depriving basic needs, such as food

·      Controlling movements, finances, what you wear, and communications

Before this change, coercive control was not recognized, leaving victims deprived of independence and without any legal protections.

Legal Protections Available to Domestic Violence Victims

If you are the victim of domestic violence, you can pursue criminal charges, as well as apply for a restraining order to prevent your abuser from contacting or coming near you. There are two types of restraining orders:

Temporary Restraining Orders

For immediate protection, you can apply for a Temporary Restraining Order. Understanding the need for expediency and safety, courts can issue these quickly (even the same day your request is filed) without the abuser being present for the request.

Final Restraining Orders

After a Temporary Restraining Order is filed, the court schedules a hearing to determine if a Final Restraining Order should be issued. Both the accuser and the accused can present evidence at this hearing and give testimony. The judge will decide if a final order should be granted and what restrictions should be ordered, which can include restrictions on movement and contact, surrendering of firearms, and limited access to children. In New Jersey, a Final Restraining Order is permanent, and it continues forever unless changed by the court.

To obtain a restraining order - temporary or final – the victim must prove by  that a Predicate Act occurred (one of the acts listed above), the qualifying relationship, and that a final restraining order is necessary to prevent immediate or future domestic violence.   Proof can include testimony, photos, text messages, emails, videos, and other physical evidence.

Are You Being Abused?

Recognizing abuse isn’t always easy. It often starts small and grows over time. The United Nations provides an invaluable resource that outlines common signs of physical and emotional abuse and explains in detail the Power and Control Wheel. We encourage you to visit the site and learn more.

The Importance of Having Legal Representation in Domestic Violence Matters

Domestic violence matters have serious and long-lasting consequences. For someone experiencing abuse, seeking criminal charges and navigating restraining orders can be overwhelming. Having an experienced family law attorney by your side, guiding you through each step and representing you in court can make a meaningful difference.

In New Jersey, applications for restraining orders can be made at a local police station or in Family Court, and cases may be heard in local municipal court (criminal) and/or Family Court (civil).

For those being accused of domestic violence, the outcome can be life-changing, ranging from restraining orders to being placed on a list of abusers to jail time in some cases. A  attorney who practices in this area can help evaluate the facts, build a defense, and protect your rights.