Domestic Violence

Domestic violence is the occurrence of one or more of the following criminal offenses upon a person protected under the Prevention of Domestic Violence Act:

• Homicide
• Assault
• Terroristic Threats
• Kidnapping
• Criminal Restraint
• False Imprisonment
• Sexual Assault
• Lewdness
• Criminal Sexual Contact
• Criminal Mischief
• Burglary
• Criminal Trespass
• Harassment
• Stalking

In order to file a Complaint for Domestic Violence, you must either be:

• A person who is 18 years of age or older, or an emancipated minor, who has been subjected to domestic violence by a spouse, former spouse or any other person who is a present or former household member; or
• A person of any age who has been subjected to domestic violence by a person with whom the victim has had a child in common, or with whom the victim has had a dating relationship.

Domestic violence does not require that the victim be struck or hit. Harassment is the offense most commonly charged by victims. Harassment is defined in N.J.S.A. 2C:33-4 as follows:

...a person commits a petty disorderly persons offense if, with purpose to harass another, he:

1. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;
2. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or
3. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

The principal relief you can obtain when you file a Complaint for Domestic Violence is a Temporary Restraining Order. As soon as the offense occurs, call the police and they will tell you what to do. Very often, the local Municipal Court Judge will enter the Temporary Restraining Order. On weekdays during normal courthouse hours, you can also file a Domestic Violence Complaint and seek a Temporary Restraining Order at the County Courthouse in the county where you live.

The Temporary Restraining Order may include provisions:

• Prohibiting the Defendant from returning to the scene of the domestic violence.
• Prohibiting the Defendant from locations where the victim (and other persons named by the victim) are employed or reside.
• Prohibiting the Defendant from any oral, written, personal or other form of contact with victim and other persons named by the victim.
• Prohibiting the Defendant from making or causing anyone else to make harassing communications to the victim and other persons named by the victim. Prohibiting the Defendant from stalking, following or threatening to harm, to stalk or to follow the victim and other persons named by the victim.
• Forbidding the Defendant from possessing any firearms or other weapons, including an order to search and seize any weapons at any location where the judge has reasonable cause to believe the weapon is located.
• Directing the Defendant to pay the victim money that is needed on an emergency basis. Any other relief deemed necessary by the judge