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New Jersey Criminal Law Monograph · Domestic Violence

New Jersey Domestic Violence and Restraining Orders

In New Jersey, “domestic violence” is not a single crime. It is a set of predicate offenses committed by one person against another who is connected to them in a way the law recognizes. When those two pieces line up, the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq. , opens two separate doors at once: a civil case in the Family Part that can produce a restraining order, and a criminal case brought by the State. One incident, two cases, two judges, two different sets of rules.

This page is written for both sides of that dividing line. If someone has accused you, it explains what is being proved against you, by whom, and to what standard. If you are seeking protection, it explains what you have to prove and why the criminal case is not yours to drop.

01 What Counts as Domestic Violence

Under the Act, domestic violence is the commission of one of the 19 criminal offenses listed below against a person who is protected under N.J.S.A. 2C:25-19 . Both halves must be present. A shouting match is not domestic violence; a shove between two people who have never lived together and never shared a child may not be either, because the relationship requirement is missing.

The question a court asks at the threshold is therefore two-part: Was the conduct one of the listed offenses? and Is this person someone the Act protects?

02 Who Is a Protected Person

The Act protects four categories of people, defined in N.J.S.A. 2C:25-19 . A person qualifies if they fall into any one of them.

A spouse or ex-spouse

Married now or in the past.

The person must be 18 or older, or emancipated.

A former or present household member

Anyone you live with now, or have ever lived with.

The person must be 18 or older, or emancipated.

Someone with whom you have a child

You share a child, or one of you is pregnant with your child.

Any age.

Someone you dated

Current or past, even if the relationship was brief or you never lived together.

Any age.

Two of those categories carry an age requirement. For a spouse, ex-spouse, or current or former household member, the protected person must be 18 years of age or older, or emancipated. Where the connection is a shared child or a dating relationship, age does not matter.

Emancipated minor: under 18 but married, in the military, a parent or pregnant, or declared emancipated. N.J.S.A. 2C:25-19(d)–(e) .

03 The 19 Predicate Offenses Under N.J.S.A. 2C:25-19(a)

These are the offenses that can support a domestic violence finding. The numbering and citations below follow the statute exactly; a finding requires at least one of them.

Physical violence

#OffenseCitation
1Homicide2C:11-1
2Assault2C:12-1
3Robbery2C:15-1
4Any other crime risking death or serious bodily injury(a)(18)

Threats & harassment

#OffenseCitation
5Terroristic threats2C:12-3
6Harassment2C:33-4
7Cyber-harassment2C:33-4.1
8Stalking2C:12-10
9Criminal coercion2C:13-5

Restraint of liberty

#OffenseCitation
10Kidnapping2C:13-1
11Criminal restraint2C:13-2
12False imprisonment2C:13-3

Sexual offenses

#OffenseCitation
13Sexual assault2C:14-2
14Criminal sexual contact2C:14-3
15Lewdness2C:14-4

Home & property

#OffenseCitation
16Burglary2C:18-2
17Criminal trespass2C:18-3
18Criminal mischief2C:17-3

Court orders

#OffenseCitation
19Contempt of a DV order2C:29-9(b)

Offense 4 is written as a catch-all: any other crime that risks death or serious bodily injury, incorporated at N.J.S.A. 2C:25-19(a)(18) . Offense 19 is important in its own right — violating a restraining order is itself domestic violence, and a new criminal charge.

A domestic violence finding can bring a restraining order, loss of firearms, and a criminal case, all at once.


04 One Incident, Two Separate Cases

The same incident can produce a civil case in the Family Part and a criminal case brought by the State. They run in different courtrooms, before different judges, under different rules and with different outcomes. Understanding which one you are in matters for almost every decision you make.

The civil case

Family Part · Plaintiff (the alleged victim) v. You. The plaintiff carries the burden.

The criminal case

State of New Jersey v. You · the Prosecutor is in charge. The State carries the burden.

05 The Civil Track: How a Restraining Order Case Moves

Civil · Family Part · Plaintiff (alleged victim) v. You

1 Temporary Restraining Order (TRO)

Issued ex parte — that is, without you there. It imposes no contact; it can bar you from your home and direct that firearms be seized.

2 Final hearing

Set within about 10 days ( N.J.S.A. 2C:25-29(a) ). These hearings are often adjourned. The TRO stays in force until the hearing.

3 Burden of proof

The alleged victim, as plaintiff, must prove by a preponderance of the evidence one or more of the listed offenses, and that there are factors — commonly referred to as the Silver factors ( Silver v. Silver , 387 N.J. Super. 112 (App. Div. 2006)) — showing a Final Restraining Order is necessary to prevent immediate danger of future acts of domestic violence. The most common way to satisfy that second part is to establish a history of domestic violence.

51% — more likely than not 49%

Preponderance of the evidence means “more likely than not.” Just tipping the scale is enough.

Final Restraining Order

Permanent unless dissolved. No firearms.

Dismissed

The criminal case goes on.

06 The Criminal Track: How the State’s Case Moves

Criminal · State of New Jersey v. You · Prosecutor in charge

1 Arrest or criminal complaint

Arrest is mandatory with visible injury, a weapon, or a violated order ( 2C:25-21(a) ).

2 Release or detention

Released on conditions, or held after a detention hearing.

3 Conditions of release: no contact

Usually no contact with the alleged victim, until the case ends or the criminal judge changes it.

4 Burden of proof

The State (Prosecutor) must prove the charged offense(s) beyond a reasonable doubt . You are presumed innocent and do not have to prove anything. Beyond a reasonable doubt is the law’s highest standard. Think of it as more than 90% certain. Over 90%

Prosecution & resolution: dismissal, plea, or trial — the State decides, not the alleged victim.

07 Two Questions Clients Ask

Q: Can the alleged victim “drop the charges”?

No. The cases are independent. The alleged victim cannot “drop the charges.” Only the prosecutor can.

Q: If they reach out to me first, does the no-contact condition still apply?

No — it still applies. Your no-contact condition of release may still apply, even if they reach out first ( 2A:162-24 ).

Restraining order: DISMISSED
No-contact: STILL IN EFFECT

A dismissed restraining order does not automatically lift the no-contact condition attached to your criminal release. The two move separately, and the criminal judge controls the criminal condition.

No contact means none

No calls, texts, social media, or messages through others. If they reach out, don’t respond; tell us. Talk to us before testifying at the restraining order hearing: what you say there can be used in the criminal case.

08 Where to Find Us

Whether you have been accused or you are seeking an order, the first step is the same: get a clear read on which case you are actually in, and what the other side has to prove.

How consultations work

  • Family-law domestic violence and restraining-order matters: $375 consultation fee.
  • Criminal domestic violence matters: free consultation.
Hamilton office

3500 Quakerbridge Road, Suite 202
Hamilton, NJ 08619

609-853-5579

Toms River office

29 Hadley Avenue
Toms River, NJ 08753

732-475-4740

General information only, not legal advice. Current as of September 2026.

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