October is Domestic Violence Awareness Month and unfortunately, it’s still a major problem in the state of New Jersey. According to the New Jersey State Police’s most recent domestic violence report, there were 64,556 offenses in New Jersey in 2013. Of these incidents, only 31 percent ended in an arrest. Meanwhile, murders involving domestic abuse cases had increased by 13 percent from 2012.
The numbers tell only part of the story. A domestic violence offense includes more than the kind of incident that ends in a 911 call. New Jersey’s Prevention of Domestic Violence Act, codified at N.J.S.A. 2C:25-17 through 2C:25-35, identifies a long list of predicate offenses that count when calculating the scope of the problem. Those offenses include homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking, criminal coercion, robbery, contempt of a restraining order, and cyber harassment. Many incidents go unreported. Others are reported but resolved without an arrest because the responding officer judges the dispute to be mutual or the victim recants in the moment. The 31 percent arrest rate reflects how complicated these calls are at the scene, not how many of them involve serious abuse.
Hudson County, Essex County, and the surrounding urban communities of northern New Jersey see a disproportionate share of these calls year after year. Densely populated areas, multigenerational households, and the financial pressures common in expensive housing markets all contribute. Rural and suburban counties are not spared. Domestic violence does not respect zip codes or income brackets.
Domestic abuse is a horrible offense and New Jersey is attempting to curb the violence. In August, Governor Chris Christie had signed a bill that requires anyone charged with domestic violence to enter a guilty plea before entering into any pretrial intervention programs which are intended to cut down on jail time. In addition, first-time offenders can receive jail time if found guilty.
That bill closed a loophole that frustrated prosecutors for years. Pretrial intervention, often called PTI, is a diversionary program for first-time offenders. A person admitted to PTI avoids a conviction if they complete the program. Before the change, defendants could enter PTI without ever admitting they committed the offense, which left victims with no formal acknowledgment of what happened and left no record useful in future restraining order or custody proceedings. The new rule requires a guilty plea before any domestic violence defendant enters PTI. The plea stays on file even when the program is completed and the charges are dismissed. For victims, the change means a documented admission they can point to later. For defendants, it means a much more careful evaluation of whether PTI is the right choice or whether they should fight the charge outright.
Jail time for first-time offenders also represented a real shift. Earlier practice often involved suspended sentences or probation for first offenses absent significant injury. The current sentencing landscape gives judges room to impose actual incarceration even on a defendant with no prior record when the conduct warrants it.
What New Jersey Treats as Domestic Violence
The phrase domestic violence covers a broader range of conduct than most people assume. Physical assault is one category. Threats, harassment, stalking, and the destruction of property are others. Coercive behavior such as cutting off access to money, withholding immigration documents, controlling phone access, or interfering with reproductive choices can support a restraining order under the right circumstances. The Act requires that the parties share a qualifying relationship, which includes current or former spouses, current or former household members in a family-like sense, people who have a child together, people expecting a child together, and people in a dating relationship. A dating relationship does not require formal commitment. Courts look at the nature and frequency of contact, the length of the relationship, and any signs of an emotional connection.
Conduct that would not qualify between strangers can still support a restraining order between people in a qualifying relationship. A pattern of unwanted texts that might be a nuisance from a casual acquaintance becomes harassment under the domestic violence statute when sent by a former partner who has been told to stop. The law recognizes that intimate relationships carry a unique potential for escalation.
How the Restraining Order Process Works
When a victim is ready to take legal action, the process can move very quickly. A temporary restraining order, or TRO, can be obtained the same day. During business hours, the application is made at the Family Part of the Superior Court in the county where the abuse occurred, where the victim lives, or where the defendant lives. After hours and on weekends, the local police department contacts an on-call judge who can issue a TRO by phone. The temporary order takes effect as soon as it is served on the defendant by law enforcement. It typically requires the defendant to stay away from the victim, surrender any firearms, vacate a shared residence if necessary, and refrain from any form of contact.
Within ten days of the temporary order, both parties appear at a final restraining order hearing. This is a trial. The plaintiff must prove the predicate act by a preponderance of the evidence and must show the order is needed to prevent future abuse. A final order in New Jersey has no expiration date. It places the defendant in a state registry, prohibits firearm ownership for life under federal law, and can affect employment, professional licensing, and immigration status. The hearing matters enormously to both sides, and most people benefit from having a New Jersey Domestic Violence Attorney at the table with them when they walk in.
What Documentation Helps Your Case
Whatever side of the case you are on, the evidence you bring to court determines the outcome more often than the words you use to describe what happened. Photographs of injuries with timestamps. Screenshots of text messages showing the threats or controlling language. Voicemails preserved on the phone or transferred to a computer. Emails, social media posts, and direct messages. Hospital records and police reports. The names and contact information of anyone who witnessed an incident or who spoke with you immediately afterward. A written timeline of significant events with dates.
Defendants often arrive at the hearing thinking the matter will be resolved through their own version of events. The civil burden of proof is low. A plaintiff with a coherent account and any corroborating evidence at all can prevail. A defendant who shows up without preparation, without records of communications with the plaintiff, and without witnesses risks a permanent restraining order based on a hearing that lasted thirty minutes.
Every Friday throughout the month of October, the Law Offices of Anthony Carbone will be addressing the issue of domestic violence in New Jersey and offer tips on how to protect you and your family. If you are currently a victim, here’s a few organizations that can help you escape your situation:
- New Jersey Division of Children and Families’ Division on Women
- The New Jersey Statewide Domestic Violence Hotline
- New Jersey Coalition of Battered Women
- WomenRising, Inc.
Questions Victims Often Ask Before Reaching Out
Will the police arrest him on the spot?
New Jersey law requires officers to make a probable cause arrest in certain circumstances, including when there are visible signs of injury, when a weapon was used or threatened, when there is a prior warrant, or when there is probable cause to believe a restraining order was violated. In other cases, arrest is discretionary. Even when no arrest is made, the officer must complete a domestic violence report and inform the victim about the right to seek a restraining order.
What if I don’t want him to lose his job or go to jail?
The decision to seek protection does not require you to choose the outcome of any criminal case. The prosecutor controls criminal charges. You control the civil restraining order application. Many victims pursue only the civil order and let the criminal process unfold separately. A judge may impose sentences ranging from probation to incarceration depending on the conduct and the defendant’s history. Your input matters, but the final decision rests with the court.
Can I get a restraining order if we are still living together?
Yes. The court can grant the plaintiff exclusive possession of the residence regardless of whose name appears on the lease or deed. Law enforcement will escort the defendant out and stand by while personal items are collected. Many people stay in dangerous situations because they assume they will be the one forced to leave. The statute is written to protect victims from that result.
What happens to my children?
The court can include emergency custody and parenting time provisions in the restraining order itself. These are temporary and can be modified later through a regular family court action. Parenting time after a restraining order is often supervised, exchanged at a neutral location, or limited to specific days and times. The safety of the children drives the court’s decisions in this area.
Resources Beyond the Legal System
The legal system is one piece of a victim’s response. The organizations listed above offer shelter, counseling, safety planning, and advocacy services that lawyers cannot provide. Many victims work with both an attorney and a domestic violence advocate at the same time. The advocate helps with the day-to-day reality of leaving an abusive relationship. The attorney handles the court process. The two roles complement each other.
County prosecutor offices in New Jersey also operate victim-witness coordinators who walk victims through the criminal case process. Their services are free. They can explain when the defendant has a court appearance, help arrange transportation to court, and assist with applications for crime victim compensation when injuries have caused medical bills or lost wages.
If you are a victim of domestic abuse and need legal help or to obtain a restraining order, contact us today. We’ve been helping domestic violence victims in New Jersey for more than 26 years.