Last reviewed . Law current as of October 2026.
In New Jersey, "domestic violence" is not a single crime. It is an offense such as assault, harassment, or terroristic threats charged against a spouse, partner, household member, or co-parent (N.J.S.A. 2C:25-19). The criminal case is separate from any restraining order case, and both need a defense from day one.
Key takeaways
- A domestic violence charge is an ordinary criminal offense (like simple assault or harassment) committed against a protected person.
- Police must arrest in some situations, such as signs of injury or a weapon, under N.J.S.A. 2C:25-21.
- Only the prosecutor decides whether the criminal charge is dismissed; the alleged victim cannot simply drop it.
- The criminal case and any restraining order case are separate and run on separate tracks.
What is a domestic violence charge in New Jersey?
The Prevention of Domestic Violence Act lists offenses that count as domestic violence when committed against a protected person: a spouse or former spouse, a current or former household member, someone you have a child with or are expecting a child with, or someone you have dated. The charge on your complaint will be the underlying offense, such as simple assault under N.J.S.A. 2C:12-1(a), with a domestic violence designation.
That designation matters. It can trigger mandatory arrest, no-contact release conditions, weapons seizure, and a separate restraining order case in the Family Part.
What are the most common domestic violence charges and penalties?
Penalties follow the underlying offense. The maximums below come from the Code of Criminal Justice; actual sentences depend on the facts and your record.
| Charge | Statute | Grade | Maximum exposure |
|---|---|---|---|
| Simple assault | 2C:12-1(a) | Disorderly persons offense | Up to 6 months in jail, $1,000 fine |
| Simple assault in a fight entered into by mutual consent | 2C:12-1(a) | Petty disorderly persons offense | Up to 30 days in jail, $500 fine |
| Harassment | 2C:33-4 | Petty disorderly persons offense (fourth degree in limited cases) | Up to 30 days in jail, $500 fine |
| Terroristic threats | 2C:12-3 | Third-degree crime (second degree during a declared emergency) | 3 to 5 years in prison, $15,000 fine |
| Aggravated assault by strangulation of a domestic violence victim | 2C:12-1(b)(13) | Second-degree crime | 5 to 10 years in prison, $150,000 fine |
| Contempt of a domestic violence order | 2C:29-9(b) | Fourth degree or disorderly persons | Up to 18 months (fourth degree) or 6 months (DP) |
Disorderly and petty disorderly persons offenses are heard in municipal court. Crimes (indictable offenses) go to the Superior Court. See simple assault, harassment and terroristic threats, and indictable crimes.
Do the police have to arrest in a domestic violence call?
In many situations, yes. Under N.J.S.A. 2C:25-21(a), an officer must arrest and sign a complaint when there is probable cause to believe domestic violence occurred and the victim shows signs of injury, a warrant is in effect, the person violated a no-contact order, or there is probable cause that a weapon was involved. In other cases the officer has discretion. This is why arrests often happen even when the person who called the police did not want one.
When officers see or learn that a weapon is present, they must also seize any weapon they reasonably believe would expose the victim to a risk of serious bodily injury, along with firearms permits and firearms purchaser ID cards (N.J.S.A. 2C:25-21(d)). A judge decides later whether weapons are returned or forfeited.
What happens after a domestic violence arrest?
- Booking and complaint. You are processed and charged by complaint-summons or complaint-warrant.
- Release decision. If charged on a warrant, a pretrial services assessment is done and a judge decides release under the Criminal Justice Reform Act. Release conditions in domestic cases often include no contact with the alleged victim and staying away from the home.
- Detention hearing (if the prosecutor moves to detain). Under N.J.S.A. 2A:162-19(d)(1), the hearing is held no later than your first appearance, unless continued. A defense continuance is limited to 5 days and a prosecutor continuance to 3, absent good cause. More: detention hearings.
- Restraining order. The alleged victim may separately seek a TRO, with an FRO hearing usually within 10 days. See served with a TRO.
- Court track. Disorderly persons charges stay in municipal court. Indictable charges go to the county prosecutor, who decides whether to seek an indictment from a grand jury.
- Discovery, motions, negotiation, and trial. Your lawyer obtains body-worn camera video, 911 recordings, photos, and statements, and challenges the State's case.
Step-by-step detail: after a domestic violence arrest.
Can the alleged victim drop the charges?
No. Once a complaint is signed, the State controls the criminal case. The alleged victim's wishes matter and the prosecutor will consider them, but the prosecutor decides whether to proceed. A victim cannot lift a no-contact condition of release; only the court can change it. Contact in violation of a release condition or restraining order can bring new charges.
How are domestic violence charges defended?
- Whether the relationship qualifies under the Act at all
- Self-defense or defense of others, and who was the initial aggressor
- Inconsistent statements, motive to fabricate (for example, during a divorce or custody dispute), and missing witnesses
- Body-worn camera and 911 recordings that contradict the report
- For harassment, whether there was a purpose to harass rather than an argument or venting
- For threats, whether the words were a real threat or spoken in anger without intent to terrorize
- Medical evidence and photographs, and whether injuries match the account
We do not promise outcomes. We will explain the evidence and your options.
Is PTI or another diversion program available for a domestic violence charge?
Sometimes. Pretrial Intervention (PTI) under N.J.S.A. 2C:43-12 and Court Rule 3:28 is available for many first-time indictable charges, but domestic violence offenses carry added requirements, and admission needs the consent of the prosecutor and the court. See PTI for domestic violence charges. For municipal court charges, eligibility for diversion depends on the offense and your history. Ask us before you decide anything.
What are the collateral consequences of a domestic violence conviction?
- Firearms. A domestic violence conviction can disqualify you from New Jersey firearms permits and ID cards, and federal law (18 U.S.C. § 922(g)(9)) bars firearm possession after a conviction for a "misdemeanor crime of domestic violence" as defined in 18 U.S.C. § 921(a)(33): an offense involving the use or attempted use of physical force, or the threatened use of a deadly weapon, against a spouse, former spouse, co-parent, cohabitant, or current or recent dating partner, among others.
- Family court. A conviction or FRO can affect custody and parenting time decisions.
- Employment and housing. Background checks can show convictions.
- Restraining orders. A criminal case and an FRO can exist side by side.
- Record. Whether and when a conviction can be expunged depends on the offense; see expungement.
Domestic violence charges vs. restraining orders
| Criminal domestic violence charge | Restraining order (TRO/FRO) | |
|---|---|---|
| Court | Municipal court or Superior Court Criminal Division | Superior Court, Family Part |
| Brought by | The State | The alleged victim |
| Standard of proof | Beyond a reasonable doubt | Preponderance of the evidence |
| Jury? | Only for indictable crimes in Superior Court | No |
| Result if you lose | Conviction and sentence | FRO with no expiration date |
See restraining orders for the FRO side.
Where will my domestic violence case be heard?
Disorderly persons charges are heard in the municipal court where the incident happened. Indictable charges and restraining orders are heard in the Superior Court for that county. We handle cases across our service counties from our Newark office: see where we handle cases.
Recent changes to New Jersey law on this topic
- 2024-01-08: P.L.2023, c.230: coercive control becomes a factor in restraining order decisions (not a crime).
- 2017-01-01: Criminal Justice Reform takes effect: release decisions and detention hearings replace most cash bail.
In-depth guides
- Simple vs. aggravated assault
How New Jersey grades assault in domestic violence cases: simple assault (disorderly persons), mutual fight (petty disorderly), and aggravated assault including strangulation under 2C:12-1(b)(13).
- After a domestic violence arrest
What happens after a domestic violence arrest in New Jersey: mandatory arrest rules, release decisions and no-contact conditions, detention hearings, weapons seizure, and the separate TRO.
- Harassment and terroristic threats
How New Jersey defines and grades harassment and terroristic threats, why they are the most common restraining order allegations, and how they are defended.
Frequently asked questions
Is domestic violence a separate crime in New Jersey?
No. Domestic violence is an offense such as assault, harassment, or terroristic threats committed against a protected person listed in N.J.S.A. 2C:25-19.
What is the penalty for simple assault domestic violence in New Jersey?
Simple assault is a disorderly persons offense with up to 6 months in jail and a $1,000 fine. If the fight was entered into by mutual consent it is a petty disorderly persons offense, with up to 30 days and $500.
Will I be arrested if the police come to a domestic call?
Arrest is mandatory under N.J.S.A. 2C:25-21 when there is probable cause and the victim shows signs of injury, a warrant is in effect, a no-contact order was violated, or a weapon was involved. Otherwise it is at the officer's discretion.
Can the victim drop domestic violence charges?
No. The prosecutor decides whether the criminal case continues. The alleged victim's wishes are considered but do not end the case.
Will the police take my guns after a domestic violence call?
Officers must seize weapons that could expose the victim to risk, along with firearms permits and ID cards. A court decides later whether they are returned.
Can I contact my partner after a domestic violence arrest?
Not if your release conditions or a restraining order prohibit it. Only the court can change those conditions.
Is strangulation a felony in New Jersey?
Strangulation of a domestic violence victim is aggravated assault under N.J.S.A. 2C:12-1(b)(13), a second-degree crime.
Is harassment a crime in New Jersey?
Harassment under N.J.S.A. 2C:33-4 is usually a petty disorderly persons offense. It becomes a fourth-degree crime only in limited situations listed in the statute.
Is the criminal case the same as the restraining order case?
No. They are separate cases in different courts with different standards of proof, and one can end while the other continues.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
- 18 U.S.C. § 922(g)(9) (Cornell LII)
- 18 U.S.C. § 921(a)(33): "misdemeanor crime of domestic violence" (Cornell LII)
- N.J.S.A. 2C:25-19
- N.J.S.A. 2C:25-21
- N.J.S.A. 2C:12-1
- N.J.S.A. 2C:33-4
- N.J.S.A. 2C:12-3
- N.J.S.A. 2A:162-19
- NJ Courts: Domestic Violence (self-help)
- NJ Courts: Criminal Justice Reform
- NJ Courts: Pretrial Intervention (PTI) brochure
- New Jersey State Police: Domestic violence information
- NJ Attorney General: Victims' rights and laws
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.