Domestic Violence & Restraining Orders in New Jersey

The New Jersey legislature issued the Prevention of Domestic Violence Act in 1991. The act provides the victims of domestic violence two types of relief: civil and criminal. A domestic violence victim can make a request for a restraining order and can file a criminal complaint against the alleged batterer.

Definition of a Domestic Violence Offense

New Jersey defines a domestic violence offense as the occurrence of any of the following acts against a person protected under the Prevention of Domestic Violence Act:

• Homicide

• Assault

• Terroristic threats

• Kidnapping

• Criminal restraint

• False imprisonment

• Sexual assault

• Criminal sexual contact

• Lewdness

• Criminal mischief

• Burglary

• Criminal trespass

• Harassment

• Stalking

Protected Individuals

The Prevention of Domestic Act protects victims of domestic violence. A domestic violence victim includes the following people:

• Any person age 18 or older

• An emancipated minor who has been subjected to domestic violence by a spouse, former spouse, or any person that is present or a former household member

• Any person who has been subjected to domestic violence by a person with whom the victim has a child in common, anticipated having a child in common, or one of the parties is pregnant

• Any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship

Penalties

A domestic violence offense can lead to criminal charges and civil penalties. A victim of domestic violence or the police can file a criminal complaint against an alleged batterer. A guilty verdict can result in several different punishments, including a fine, probation, and incarceration. A domestic violence victim can obtain a restraining order against the alleged batterer. A restraining order can require the alleged batterer to obey specific guidelines, such as avoiding in-person, phone, or written contact with the victim, grant custody of common children to the victim, require the payment of support, or order psychiatric treatment of the defendant.

Mark Cintron is a New Jersey criminal lawyer that provides legal assistance to individuals accused of a New Jersey domestic violence offense. Mark J. Cintron has offices located in Ridgefield Park, New Brunswick, Montclair, West New York and Parsippany Contact The Cintron Firm at (201) 791-1333 for a consultation.