Note: If you are in an emergency situation, call 911.
What is Domestic Violence in New Jersey?
In New Jersey, domestic violence is the actual or threatened physical, sexual, emotional, or economic abuse of an individual by someone with whom they have or have had an intimate relationship. Abuse in intimate relationships is very common and most often women are the victims, but men can be abused, too. There are a number of separate offenses which are linked by the fact that one member of a family or household is harming one or more of others.
Specifically, 14 criminal offenses upon a person are prohibited under the Prevention of Domestic Violence Act (PDVA) of 1991:
In domestic violence cases, the plaintiff is a person who seeks or has been granted relief under the PDVA. The defendant is a person at least 18 years old or emancipated who is alleged to have committed or who has been found to have committed an act of domestic violence under the PDVA. The parties must have had a specific relationship at present or in the past.
What Protections Are Available in Addition to Criminal Prosecution?
There are several remedies and legal protections available for victims of domestic violence in New Jersey. These include:
New Jersey Domestic Violence Laws at a Glance
The following table highlights the main provisions of New Jersey's domestic violence laws (New Jersey Domestic Violence Act).
|Code Sections||N.J.S.A. 2C:25-17|
|What Protections are Available?||
Civil and criminal
|Family/Household Member Relationship Requirement||
The relationship between the two people must be one of the following: marriage; separation; divorce; living together in the same household at present or in the past; a person whom the plaintiff has dated or a person with whom the plaintiff has a child in common or anticipates having a child in common.
May be a felony or misdemeanor depending on the abuser's conduct and the underlying charges. Factors such as prior offenses or history of domestic violence help determine the severity of the punishment. Sentence may also include a restraining or protective order.
|Types of Protective Orders Available||
Temporary Restraining Order (TRO) and Final Restraining Order
The elderly or disabled can be victims of domestic violence. Abusers of elderly disabled persons tend to be close relatives, such as adult children involved in caring for the victims or persons who have a professional care giving relationship with the victim. For information regarding criminal acts or omission to act against the elderly or disabled, including criminal neglect of the elderly or disabled. See N.J.S.A. 2C:24-8.
|Seizure of Weapons||
If a police officer at the scene has reason to believe a weapon was used during an act of domestic violence, the officer must arrest the suspect and seize any weapons on the premises that could expose you to further harm. Seized weapons are turned over to the county prosecutor's office. If the prosecutor does not institute a legal action within 45 days to retain the weapon(s) seized, they may be returned to the owner.
Both parties must be 18 or older or an emancipated minor.
New Jersey Domestic Violence Laws: Additional Resources
Want more Information on Domestic Violence? Contact a New Jersey Attorney
Domestic violence is more common than you might think. If you've been the victim of this crime, it's critical to protect yourself and your loved ones by immediately seeking help. If you're facing accusations of domestic violence, it's also critical to seek help to protect your rights under the law. Use FindLaw's attorney directory to find an experienced attorney near you who can evaluate the evidence in your case and advocate on your behalf.
Contact a qualified attorney.