What are New Jersey’s Domestic Violence Laws?
Domestic violence involves the occurrence of a crime committed by a spouse, parent, boyfriend, girlfriend, domestic partner, former spouse, or household member. Crimes that may fall under the umbrella of domestic violence include:
- Sexual assault;
- Lewdness;
- Criminal mischief;
- Harassment;
- Stalking;
- Homicide;
- Assault;
- Kidnapping;
- Terrorist threats; and
- Criminal restraint.
Many New Jersey domestic violence arrests arise from instances of assault. N.J.S.A. § 2C:12-1 states, "A person is guilty of assault if he (1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (2) Negligently causes bodily injury to another with a deadly weapon; or (3) Attempts by physical menace to put another in fear of imminent serious bodily injury." A person only has to threaten violence in order to be charged with assault. When the alleged victim lives with the suspect (spouse or cohabitant), it will be handled as a domestic violence incident.
Under N.J.S.A. 2C:25-21a, a police officer must arrest and take into custody a suspect if the victim exhibits signs of injury. This means that any time there is a complaint of domestic violence and evidence of an injury, an arrest will be mandatory. Even in cases where there is no visible injury, there may be an arrest if the alleged victim states that an injury occurred and the arresting officer has probable cause to believe the victim. When a police officer believes that the victim needs to be protected from the suspect, the officer can contact a judge for a temporary restraining order in New Jersey. Violating this temporary restraining order can lead to additional penalties and charges for the defendant.
Anyone facing domestic violence charges in New Jersey would be well advised to seek guidance from a skilled NJ domestic violence defense lawyer. The law team at Lependorf & Silverstein can help you fight these charges and avoid unnecessarily harsh penalties. Please contact us at (609) 240-0040 for a free and comprehensive consultation.
