Facing accusations of domestic violence in New Jersey is an extremely serious matter. Not only can accusers obtain protective orders that restrict what alleged abusers can do and where they can go, but domestic violence accusations can lead to serious criminal charges as well. As a result, if you have been accused of domestic violence, you need to understand how the law applies to your situation, and this means that you need to speak with an experienced New Jersey domestic violence lawyer as soon as possible.
Here is a brief overview of New Jersey’s domestic violence laws in 2025:
What Constitutes Domestic Violence?
The crime of domestic violence is outlined in Section 2C:25-19 of the New Jersey Revised Statutes, which is also known as the New Jersey Prevention of Domestic Violence Act (PDVA). Rather than defining the offense of “domestic violence” specifically, the PDVA lists other crimes that can be prosecuted as domestic violence when committed against spouses, partners and other “protected” individuals. These crimes are:
- Assault
- Burglary
- Contempt of a domestic violence protective order
- Criminal coercion
- Criminal mischief
- Criminal restraint
- Criminal sexual contact
- Criminal trespass
- False imprisonment
- Harassment
- Homicide
- Kidnapping
- Lewdness
- Robbery
- Sexual assault
- Stalking
- Terroristic threats
- Any other crime involving “risk of death or serious bodily injury” to a protected individual
Additionally, last year the New Jersey legislature amended the PDVA to allow for prosecution in cases involving “coercive control.” The statute defines coercive control as “a pattern of behavior against a [protected person] that in purpose or effect unreasonably interferes with [the protected person’s] free will and personal liberty,” and it provides examples including:
- Controlling or monitoring the protected person’s movements, communications or finances
- Depriving the protected person of basic necessities
- Isolating the protected person from friends or relatives
- Threatening to harm or kill the protected person or the protected person’s relative or child
- Using force or intimidation to compel the protected person to engage in legal or illegal acts
While some forms of coercive control involve criminal acts that were already prohibited under the PDVA, coercive control does not necessarily have to be illegal on its own. However, when committed against a “protected” person, these acts can nonetheless justify a request for a domestic violence protective order and trigger a domestic violence prosecution.
When Can Accusers Obtain Domestic Violence Protective Orders?
Under New Jersey law, accusers can obtain domestic violence protective orders before their allegations are proven in court. Accusers also have the right to obtain temporary protective orders ex parte or without the alleged abuser’s involvement. As a result, it is possible that you could have a protective order against you and not know it—although the police should serve you with a copy of the protective order as soon as possible.
Protective orders are available to all “protected” persons under the PDVA. This includes:
- Current and former spouses
- Current and former partners (including boyfriends and girlfriends)
- Other adults who live in the alleged abuser’s home
- Parents of shared children (regardless of whether they live with the alleged abuser)
- Emancipated minors who are current or former members of the alleged abuser’s household
Once a domestic violence protective order has been entered against you, it is critical that you comply. As noted above, violating a protective order is itself classified as a form of domestic violence. Violating court orders can have other consequences as well—and if you violate a protective order, you can face these consequences regardless of whether the entry of your protective order was warranted.
What Are the Criminal Penalties for Domestic Violence?
If you have been charged with domestic violence in New Jersey, the penalties you are facing depend on the specific nature of the alleged offense. The offenses listed above can range from petty disorderly persons offenses to first-degree indictable crimes depending on the specific charges and circumstances involved. As a result, depending on the charges against you, the penalties you could be facing in 2025 include:
- Up to 30 days in jail and a $500 fine for a petty disorderly persons offense
- Up to six months in jail and a $1,000 fine for a disorderly persons offense
- Up to 18 months in prison and a $10,000 fine for a fourth-degree indictable offense
- Three to five years in prison and a $15,000 fine for a third-degree indictable offense
- Five to 10 years in prison and a $150,000 fine for a second-degree indictable offense
- Ten years to life in prison and a $200,000 fine for a first-degree indictable offense
Certain offenses can carry other penalties as well. For example, if you are convicted of sexual assault in a New Jersey domestic violence case, you could be required to register as a sex offender and become subject to parole supervision for life.
How Can You Defend Against Accusations of Domestic Violence?
With all of this in mind, what can you do to protect yourself if you are facing domestic violence accusations? While there are several potential defenses available, you will need to consult with an experienced New Jersey domestic violence lawyer to find out what defenses you can assert in your case.
For example, many domestic violence cases involve either false accusations or accusations against someone who acted in self-defense (or in defense of someone else, such as a child). But, to determine whether you can assert these defenses successfully, you need to know what evidence is available in your case. An experienced New Jersey domestic violence lawyer will be able to find out what evidence prosecutors have against you, and then your lawyer will be able to use this information to help you decide what to do next.
Contact Us to Discuss Your Case with a New Jersey Domestic Violence Lawyer in Confidence
If you are facing domestic violence accusations in New Jersey, it is important that you discuss your situation with a lawyer right away. To speak with an experienced New Jersey domestic violence lawyer at Helmer, Conley & Kasselman, P.A. in confidence as soon as possible, call 877-435-6371 or contact us online today.
