Accused of Domestic Violence in New Jersey? Here Is What You Need to Do Right Now.
A domestic violence accusation in New Jersey can upend your life within hours. A temporary restraining order can be issued the same day a complaint is filed, removing you from your home, restricting access to your children, and affecting your employment, all before a judge has heard your side of the story. This is not the time to assume things will sort themselves out. It is the time to act carefully and strategically.
Understanding How New Jersey’s Domestic Violence Law Works
New Jersey’s Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., defines domestic violence as the commission of one or more of 19 specific criminal offenses against a spouse, former spouse, or household member. These include assault, harassment, stalking, criminal mischief, and cyber-harassment, among others. The law was written broadly, and courts take these accusations seriously.
According to data from the New Jersey State Police, there were 70,828 reported domestic violence incidents in New Jersey in 2023, a nearly 15% increase from the 61,659 reported in 2015. Given the volume of cases moving through the system, it is easy for nuance to get lost if you are not properly represented.
The Two-Stage Restraining Order Process
When a complaint is filed, a judge can issue a Temporary Restraining Order (TRO) on an ex parte basis, meaning without you present. A final hearing, typically scheduled within 10 days, is where both sides present evidence. That hearing is critical. If a Final Restraining Order (FRO) is entered against you in New Jersey, it is permanent unless a court modifies it later.
An FRO can have serious consequences beyond the immediate restrictions. It creates a record in the Domestic Violence Central Registry under N.J.S.A. 2C:25-34, which can affect housing, employment background checks, firearm rights, and custody matters. The stakes at the final hearing are genuinely high, and what you do and say between the TRO and that hearing matters enormously.
Steps to Take If You Have Been Accused
Receiving a TRO can feel disorienting, but your actions in the days that follow will shape the outcome. Here is what to keep in mind:
Do not violate the restraining order under any circumstances, even if the person who filed it initiates contact with you. Violations are criminal offenses under N.J.S.A. 2C:29-9 and can result in arrest, regardless of who made contact first. Begin preserving any evidence that supports your account, including text messages, emails, voicemails, or records of prior incidents. Do not discuss the case on social media or with mutual friends who might repeat what you say. Think carefully about who might serve as a witness at the final hearing, such as neighbors, coworkers, or family members who have relevant firsthand knowledge.
Do Not Face a Domestic Violence Hearing Without Legal Help
The hearing process may seem straightforward, but the legal and personal consequences of a Final Restraining Order are anything but. If you live in Somerset, New Brunswick, North Brunswick, Piscataway, Edison, Somerset County, or Middlesex County, contact the Law Offices of Kisha M. Hebbon, LLC right away. Our Somerset County domestic violence attorneys understand both the criminal and family court dimensions of these cases and are prepared to defend your rights at every stage. Reach out today to schedule a confidential consultation.
Sources:
nj.gov/njsp/ucr/pdf/domesticviolence/2023_Domestic_Violence_Report.pdf
whyy.org/articles/new-jersey-domestic-violence-legislation/
law.justia.com/codes/new-jersey/title-2c/section-2c-29-9/
