Disagreements between spouses and domestic partners during the holidays are not uncommon. From financial stress to the stress of making plans with in-laws and others, several issues can trigger heated arguments despite the cheer of the holiday season.
But, when does a holiday disagreement cross the line to domestic violence?
Under New Jersey’s Prevention of Domestic Violence Act (PDVA), domestic violence can take many different forms. While a physical confrontation may be one form, physical contact is not required for an argument to escalate to domestic violence.
What Constitutes Domestic Violence During an Argument Between Spouses or Domestic Partners?
In New Jersey, domestic violence is defined as committing certain listed offenses against individuals who qualify as “protected persons” under the PDVA. “Protected persons” include current and former spouses, domestic partners, and boyfriends and girlfriends, among others. Some examples of domestic violence offenses that may be committed in the course of a holiday disagreement include:
- Assault Without Contact – Assault is a listed offense under the PDVA. While assault can involve physical contact, it can also involve an “attempt[] by physical menace to put [a protected person] in fear of imminent serious bodily injury.”
- Assault with Contact – The crime of assault can involve purposely, knowingly or recklessly causing bodily injury to a protected person. Use of a weapon is not required. However, negligently causing bodily injury with a deadly weapon constitutes assault as well.
- False Imprisonment – False imprisonment is also a listed offense under the PDVA. If your spouse, domestic partner, or boyfriend or girlfriend blocks the door or otherwise tries to prevent you from leaving your home, this can constitute domestic violence based on false imprisonment.
- Threat of Injury – Similar to putting a protected person in fear of imminent serious bodily injury, making “terroristic threats” against a protected person also constitutes domestic violence under the PDVA. New Jersey law defines this offense as “threaten[ing] to commit any crime of violence with the purpose to terrorize another.”
- Threat of Death – Another form of terroristic threat involves putting a person in fear of death. It is a crime (and a form of domestic violence) under New Jersey law to “threaten[] to kill [a protected person] with the purpose to put [the person] in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.”
- Harassment - The law governing harassment (N.J.S.A. 2C:33-4) says in part that no individual is permitted to communicate (or cause to be communicated) “in offensively coarse language, or any other manner likely to cause annoyance or alarm.” It should be noted that it is not enough to simply “annoy” a person. Harassment requires the intentional bothering of an individual.
There are other examples as well—these are just some of the most common cases seen during the holiday season. If you have questions about your specific circumstances, you should speak with a lawyer right away.
Speak with a Lawyer at Helmer, Conley & Kasselman, P.A.
Our lawyers handle domestic violence cases throughout New Jersey. Whether you have questions about seeking a domestic violence restraining order or defending against allegations of domestic violence, we can help. To schedule a free and confidential consultation as soon as possible, call 877-435-6371 or tell us how we can contact you online now.
