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Attorney H. Scott Aalsberg has a 98%* Success Rate of Winning, Reducing or Eliminating the penalties you will face with a New Jersey Domestic Violence Charge. Attorney Aalsberg has been interviewed by both ABC News 20/20 and CBS News for cases he has defended, and he can help you. Call Now for a Free In Office Consultation. The call is free the advise may be priceless!
Crimes Involving Domestic Violence in New Jersey – Laws & Penalties
Domestic violence is taken very seriously in New Jersey. If you are charged with a domestic violence-related crime, the consequences can be severe—including jail time, restraining orders, loss of gun rights, and long-term damage to your reputation and record. Understanding your rights, the legal process, and the possible penalties is crucial.
An Explanation below explains what constitutes a domestic violence crime in NJ, the penalties you may face, and how a criminal defense attorney can help protect your future.
What Is Domestic Violence in New Jersey?
Under the New Jersey Prevention of Domestic Violence Act (PDVA), domestic violence is not a specific crime—it refers to a category of offenses committed against someone with whom the accused has a domestic relationship, including:
- A current or former spouse
- A person with whom the accused has a child
- Someone the accused is dating or has dated
- A cohabitant or former household member
The law applies regardless of gender or sexual orientation.
What Crimes Are Considered Domestic Violence in NJ?
The Prevention of Domestic Violence Act lists 19 criminal offenses that can qualify as acts of domestic violence if committed in the context of a domestic relationship:
- Assault (Simple or Aggravated)
- Harassment
- Stalking
- Terroristic Threats
- Criminal Mischief
- Criminal Restraint
- Sexual Assault
- Criminal Sexual Contact
- Kidnapping
- False Imprisonment
- Burglary
- Criminal Trespass
- Homicide
- Robbery
- Lewdness
- Contempt (especially of a restraining order)
- Criminal Coercion
- Cyber Harassment
- Any other crime involving risk of death or serious injury
Penalties for Domestic Violence Crimes in New Jersey
Penalties depend on the specific offense and the circumstances of the case which are listed on the crimes specific page on our website under crimes. But here’s a breakdown of the most common in NJ:
Disorderly Persons Offenses (Misdemeanors)
- Examples: Harassment, simple assault
- Penalties: Up to 6 months in jail, fines up to $1,000, possible restraining orders
Indictable Offenses (Felonies)
- Examples: Aggravated assault, sexual assault, terroristic threats
- Penalties:
- Fourth degree: Up to 18 months in prison
- Third degree: 3–5 years in prison
- Second degree: 5–10 years in prison
- First degree: 10–20 years in prison
Restraining Orders in Domestic Violence Cases
A Temporary Restraining Order (TRO) may be issued immediately after an allegation is made—often without the accused being present. If upheld at a hearing, it may become a Final Restraining Order (FRO).
Impacts of a Restraining Order:
- Loss of contact with alleged victim (and potentially children)
- Surrender of firearms
- Mandatory removal from shared home
- Negative impact on employment and custody cases
Collateral Consequences of a Domestic Violence Conviction
In addition to jail time and fines, a conviction can lead to:
- Permanent criminal record
- Loss of professional licenses
- Immigration consequences (for non-citizens)
- Loss of child custody or visitation rights
- Difficulty finding employment or housing
- Travel Bans to certain foreign countries including countries as close as Canada!
Defending Against Domestic Violence Charges in NJ
Every case is different, and being accused is not the same as being guilty. Common defense strategies include:
- Lack of evidence
- Self-defense
- False accusations
- Violation of constitutional rights
- Inconsistencies in the alleged victim’s statements
Attorney Aalsberg will challenge the prosecution’s evidence, advocate for dismissal or reduction of charges, and defend your rights in court to get you the best possible result even if your guilty!
Attorney Aalsberg Can Help You:
Eliminate any jail sentence . . .
Eliminate any criminal record . . .
Eliminate or reduce your fines . . .
We Fight To Win! A conviction will last a lifetime but your defense must start now! Put Attorney Aalsberg's 98%* success rate to Win, Reduce or Eliminate the penalties to work for you. Call 1-800-974-4487 to win!
Domestic Violence Criminal Charges in NJ – FAQs
Domestic violence refers to certain criminal offenses committed against someone with whom the accused has a domestic relationship, such as a spouse, ex, or co-parent.
Yes. Depending on the offense, you could face anything from a few months in jail to over a decade in state prison.
If proven false, the accuser may face legal consequences, and the charges can be dismissed. However, until then, the accused must take the charges seriously and respond through legal channels.
Yes, but only through a formal court process. A motion must be filed, and a hearing will determine whether the order should be lifted.
Charged with Domestic Violence in New Jersey? We Can Help.
If you or a loved one is facing domestic violence charges in New Jersey, time is critical. Attorney Aalsberg has over 30 years of experience defending clients against serious criminal allegations and protecting their rights in domestic violence matters.