Domestic Violence Cases in New Jersey

In New Jersey, “domestic violence” is not one single case in one single courtroom. It usually means two separate but connected tracks: a civil restraining order in family court and criminal charges in municipal or Superior Court. Understanding how these two tracks work—and how they affect each other—is crucial if you have been accused.

Both tracks can start from the same incident, but they follow different rules, move on different schedules, and carry different sets of consequences. One bad night can lead to a Temporary Restraining Order (TRO), a Final Restraining Order (FRO), and criminal charges, all at the same time.

The Civil Track: TROs and FROs Under the PDVA

The civil side comes from the Prevention of Domestic Violence Act (PDVA). Under this law, an alleged victim (the “plaintiff”) can file a complaint at the police department, municipal court, or family court and ask for a Temporary Restraining Order (TRO)—often the same day as the incident. You are not present for this initial application, and you usually do not get to tell your side of the story before the TRO is issued.

If the judge finds enough evidence of an alleged act of domestic violence and a need for protection, the judge can grant a TRO immediately. That order can:

• Prohibit you from contacting the plaintiff by any means

• Bar you from going to the plaintiff’s home, work, or other locations

• Give temporary custody of children to the plaintiff and set temporary parenting time

• Trigger immediate seizure of any firearms and related permits in your possession

By law, the court then schedules a Final Restraining Order (FRO) hearing—usually within about 10 days of the complaint. At that hearing, both sides can testify, present witnesses, and offer documents, texts, social media posts, photos, police reports, and other evidence. The standard of proof is “preponderance of the evidence,” which is lower than the “beyond a reasonable doubt” standard in a criminal case.

If an FRO is granted, the consequences are severe:

• The order can last indefinitely; there is no automatic expiration date

• You can be barred from any direct or indirect contact with the plaintiff

• You can be ordered out of your home, even if you own it or are on the lease

• Your custody and parenting time can be restricted or supervised

• You must permanently forfeit your firearms and firearms ID card/permits and are prohibited from future gun ownership or possession

An FRO also goes into a statewide domestic violence registry and can show up on background checks, affecting employment, housing, and certain professional licenses.

The Criminal Track: Underlying “Acts of Domestic Violence”

On the criminal side, there is no crime literally called “domestic violence.” Instead, New Jersey lists a group of underlying offenses that can count as “acts of domestic violence” when they involve certain relationships, such as spouses, dating partners, former partners, family members, or household members. These are often called “predicate acts.”

Common predicate offenses include:

• Assault (simple or aggravated)

• Harassment

• Terroristic threats

• Stalking

• Criminal mischief (damage to property)

• Burglary and criminal trespass

• Criminal coercion, robbery, certain sex offenses, and cyber‑harassment

If police respond and find probable cause that one of these offenses occurred in a qualifying relationship, they can and often must make an arrest. The resulting charges are handled in municipal court for disorderly persons offenses (misdemeanor‑level) or in Superior Court for indictable crimes (felonies).

A conviction can lead to:

• Jail or state prison time

• Probation and mandatory counseling or anger‑management programs

• Fines and financial penalties

• A permanent criminal record, which can affect jobs, immigration status, and future opportunities

Violating a Restraining Order: A Separate Crime

Once a TRO or FRO is in place, violating it is a separate offense, called contempt, even if there is no new assault or explicit threat. Under N.J.S.A. 2C:29‑9 and 2C:25‑30, doing anything the order prohibits—such as sending a text, calling, showing up at a home, workplace, or school, or contacting the plaintiff through a third party—can lead to immediate arrest.

The penalties are significant:

• A first violation is usually a disorderly persons offense, punishable by up to six months in the county jail and fines

• A second or later disorderly persons contempt requires a mandatory minimum of 30 days in jail

• Some violations, especially those tied to a new act of domestic violence, can be charged as a fourth‑degree crime, with up to 18 months in New Jersey state prison and fines up to 10,000 dollars

Many people are surprised that even “minor” or accidental contact—like replying to a text, commenting on social media, or going to a location they forgot was off‑limits—can count as a violation. Intent is often not a required element for a contempt finding; the act of prohibited contact itself is the violation. Courts and police treat these cases seriously because they are viewed as direct disobedience of a court order.

What to Expect If You Are Served or Charged

If you are served with a TRO, you are usually given:

• A copy of the domestic violence complaint

• The TRO listing all restrictions and conditions

• A notice of the date, time, and courthouse for your FRO hearing

At the same time or soon after, you may also receive a criminal complaint for assault, harassment, terroristic threats, or another predicate offense. That criminal case will have its own court date—often in a different building, on a different day, in front of a different judge.

You should expect:

• Very short deadlines: FRO hearings come fast, typically within days, not months

• Strict enforcement: Police and judges expect you to follow every term of the TRO, even if you believe it is unfair or exaggerated

• Overlapping issues: The same facts, witnesses, and evidence may show up in both the family and criminal cases, but the outcomes can be different because the standards of proof are different

It is possible to be found not guilty in the criminal case but still have an FRO entered against you, or vice versa.

How an Attorney Can Help

Because FROs and domestic‑violence‑related criminal convictions can affect your freedom, employment, reputation, housing, gun rights, and relationship with your children, it is important to take both tracks seriously from day one. An experienced New Jersey defense attorney can:

• Navigate the interaction between the two cases, advising on strategic decisions (e.g., whether to testify at the FRO hearing) that could impact the criminal case, and vice versa.

• Explain the TRO and FRO process, including what you can and cannot do while the order is in place

• Help you prepare for the FRO hearing: gathering texts, emails, call logs, photos, witnesses, and other evidence to challenge the allegations

• Defend you in municipal or Superior Court on any related criminal charges and negotiate for reduced charges, diversion programs, or dismissal where possible

• Advise you on collateral issues, such as firearms forfeiture, child custody and parenting time, and the impact on employment or professional licensing

If you have been served with a TRO or charged with a domestic‑violence‑related offense in New Jersey, do not ignore it, and do not try to “smooth things over” by contacting the other person. That is often the mistake that leads to a violation charge and mandatory jail time. Instead, review the paperwork carefully, follow the order exactly, and speak with a qualified attorney as soon as possible about your options and your defense strategy.