If you were arrested on a domestic violence charge in New Jersey, you are facing two separate legal processes simultaneously — a criminal case and a civil restraining order proceeding. Understanding both is essential, because decisions made in the first hours and days after an arrest can affect the outcome of your case significantly.
What Is “Domestic Violence” in New Jersey?
In New Jersey, domestic violence is not a standalone criminal charge. Instead, it is a legal designation that applies when certain predicate offenses are committed against a qualifying person. The Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.) governs this area of law.
The predicate offenses include assault, aggravated assault, terroristic threats, harassment, stalking, criminal mischief, sexual assault, burglary, and others. The domestic violence designation applies when the alleged victim is a current or former spouse, a household member, a current or former dating partner, or someone with whom the defendant shares a child.
What Happens Immediately After an Arrest
When police respond to a domestic violence call, New Jersey law requires them to arrest the primary aggressor if there is probable cause to believe a domestic violence offense occurred. This is not discretionary — officers do not have the option to simply separate the parties and leave.
At the scene or shortly after, a Temporary Restraining Order (TRO) may be issued. A TRO is a civil order — not a criminal charge — but it has immediate and serious consequences. It can bar you from your own home, prohibit contact with your children, and require you to surrender firearms. The TRO goes into effect immediately and remains in place until a Final Restraining Order (FRO) hearing is held, typically within ten days.
Two Tracks: Criminal Court and Family Court
This is where domestic violence cases differ from most criminal matters. You will be dealing with two separate proceedings at the same time:
- Criminal court — Your criminal charges (assault, terroristic threats, harassment, etc.) will be handled in municipal court or Superior Court depending on the severity of the offense. If convicted, you face fines, probation, and potentially jail time depending on the grade of the offense.
- Family court — The FRO hearing is a civil proceeding in which the alleged victim asks a judge to make the restraining order permanent. You have the right to appear and present your defense. If a Final Restraining Order is entered against you, it is permanent — it does not expire — and a violation is a fourth-degree indictable offense.
These two tracks are independent. The State can proceed with criminal charges even if the alleged victim recants or does not want to press charges. New Jersey has a no-drop policy in domestic violence cases, which surprises many defendants.
The Impact of a Domestic Violence Conviction
A domestic violence conviction carries consequences well beyond the sentence imposed by a New Jersey court. Under federal law (18 U.S.C. § 922(g)(9)), a conviction for a qualifying domestic violence offense permanently prohibits you from possessing firearms — including any you may already own. This applies even to misdemeanor-level offenses under New Jersey law.
Other consequences can include:
- A permanent criminal record affecting employment, housing, and professional licensing
- A permanent Final Restraining Order that affects where you can live and work
- Loss of custody or parenting time in ongoing family court matters
- Immigration consequences for non-citizens
Defenses and Options Available to You
Being charged with domestic violence does not mean you will be convicted. A number of defenses are available depending on the facts, including challenging whether the alleged conduct meets the elements of the predicate offense, disputing the qualifying relationship, or raising self-defense. In appropriate cases, diversionary programs such as Pre-Trial Intervention (PTI) may be available to first-time offenders charged with disorderly persons offenses.
An attorney can also represent you at the FRO hearing — a proceeding many people wrongly assume they can navigate alone. The FRO hearing is an adversarial proceeding with rules of evidence. How you present your case matters.
What to Do If You Have Been Arrested
The most important thing you can do after a domestic violence arrest is to contact a criminal defense attorney immediately. Do not attempt to contact the alleged victim to “clear things up” — any contact in violation of a TRO is a separate criminal offense, even if the other person initiates it.
Do not speak to police without an attorney present. Do not assume the matter will resolve itself. And do not assume that because you believe the charges are unfounded, the system will automatically see it your way.
Jenna Casper Bloom is a criminal defense attorney based in Flemington, NJ. She represents clients facing domestic violence charges, restraining order proceedings, and related criminal matters throughout Hunterdon County, Somerset County, Morris County, Warren County, and Mercer County. Contact Casper Bloom Law at casperbloomlaw.com/contact for a free, confidential consultation.
