Can You Get PTI for a Domestic Violence Charge in New Jersey?

When a guilty plea is required

Under the current text of N.J.S.A. 2C:43-12(g)(3) (P.L.2023, c.188), admission to PTI is available only with a guilty plea for:

• A first- or second-degree crime
• Any crime, if you were previously convicted of a first- or second-degree crime
• A third- or fourth-degree crime involving domestic violence
• A disorderly persons or petty disorderly persons offense involving domestic violence, if it was committed while a temporary or final restraining order was in place

The plea is held in an inactive status. If you complete PTI, the charges are dismissed.

Other limits

PTI is generally a one-time program: prior PTI, conditional discharge, or conditional dismissal usually bars it. Admission requires the prosecutor's consent and a judge's order. In addition, N.J.S.A. 2C:43-12(b)(2)(b) creates a presumption against admission for a domestic violence crime or offense that was committed while a temporary or final restraining order was in place, or that involved violence or the threat of violence. Under the statute, that means the victim suffered serious or significant bodily injury, the person was armed with and used or threatened to use a deadly weapon, or the person threatened serious or significant bodily injury. The presumption can be overcome, but the application has to address it directly. See our PTI guide.

Apply early

Under Rule 3:28-2, the application is due as early as possible and no later than the Initial Case Disposition Conference, unless there is good cause or the prosecutor consents. In a DV case, the restraining order case runs separately in the Family Part and does not wait for PTI. See domestic violence charges.