Frequently Asked Questions
Common questions about domestic violence in New Jersey, answered by Brick Law, LLC.
What counts as domestic violence in New Jersey?
The Prevention of Domestic Violence Act lists specific predicate offences, including assault, harassment, terroristic threats, stalking, criminal mischief, burglary, false imprisonment, cyber-harassment, criminal coercion and contempt of an existing order. The conduct must be one of those enumerated acts.
Does domestic violence have to be physical?
No. Harassment, threats, stalking, cyber-harassment and coercive conduct can all qualify. New Jersey also recognises patterns: a course of conduct that is individually minor but cumulatively intended to alarm or seriously annoy another person can constitute harassment under the Act.
Who is protected by the Act?
A person eighteen or older, or an emancipated minor, who has been subjected to a predicate act by a spouse, former spouse, present or former household member, someone with whom they have a child or are expecting one, or someone with whom they have had a dating relationship.
Is domestic violence a criminal charge or a family case?
It can be both, and the two proceed separately. The Family Part restraining order case decides protection on a preponderance of the evidence, while any criminal charge proceeds under the far higher beyond-a-reasonable-doubt standard. The outcomes need not match each other.
What happens to firearms?
Weapons are seized when a temporary order issues. If a Final Restraining Order is entered, the defendant is barred under state and federal law from purchasing or possessing firearms, and any firearms purchaser identification card and permits to purchase are revoked.
What should I do immediately after an incident?
Get to safety and call the police if there is danger. Preserve evidence — photographs, medical records, messages, voicemails and the names of witnesses — and write down dates and details while they are fresh. Then obtain a temporary order through the court or police department.
Have a question that is not answered here? Contact Brick Law, LLC or call (201) 254-0881 to speak with a Bergen County family law attorney.
This information is general and about New Jersey law. It is not legal advice and does not create an attorney-client relationship. Every case turns on its own facts.