NJ What is Domestic Violence? Lawyers

What is Domestic Violence? New Jersey Lawyers Explain

Domestic violence is a serious issue that affects countless individuals and families across New Jersey each year. While the legal definition varies by state, domestic violence generally refers to a pattern of abusive behavior used by one partner to gain or maintain power and control over another partner in an intimate relationship.
In New Jersey, domestic violence is defined under the Prevention of Domestic Violence Act (PDVA). Under the PDVA, domestic violence includes physical abuse, threats, harassment, and stalking between current or former household members, dating partners, and individuals with a child in common — even if they’ve never lived together or been married.
Some examples of domestic violence under New Jersey law include:

• Hitting, slapping, shoving, grabbing, pinching, biting, or hair pulling
• Threats of physical harm
• Intimidation through words or actions
• Constant monitoring or following
• Isolating a partner from friends and family
• Preventing access to money, food, transportation, the telephone, medicine, or medical care
• Stalking
• Sexual violence or coercion
• Strangulation
• Criminal mischief (property damage)

Domestic violence affects people of all races, ages, genders, religions, education levels, and socioeconomic backgrounds. However, women are disproportionately impacted, making up the majority of domestic violence victims. According to the Centers for Disease Control and Prevention, 1 in 4 women and 1 in 10 men experience intimate partner violence, domestic abuse, or stalking in their lifetimes.

Types of Domestic Violence

There are several different types of domestic violence recognized in New Jersey:

Physical Abuse

Physical abuse involves using physical force against a partner in a way that injures, endangers, or inflicts physical pain or harm. Examples include hitting, punching, slapping, kicking, biting, choking, and other types of contact intended to hurt the victim. Physical abuse also includes behaviors like throwing things, punching walls, and destroying property.

Sexual Abuse

Sexual abuse is non-consensual sexual contact of any kind. This includes things like rape, sexual assault, refusing to use contraception, knowingly spreading STDs, and using threats, guilt or intimidation to force any type of unwanted sexual activity.

Emotional Abuse

Emotional or psychological abuse involves non-physical behaviors such as threats, insults, constant monitoring, humiliation, intimidation, isolation, stalking, gaslighting, and other controlling tactics. This type of domestic violence harms the victim’s self-worth and mental health.

Economic Abuse

Economic abuse happens when the abuser takes control of the victim’s money and finances. Tactics include preventing the victim from working, limiting access to bank accounts, maxing out credit cards, stealing money, and ruining the victim’s credit. This makes victims financially dependent and vulnerable.

Digital Abuse

Digital abuse is the use of technology and social media to harass, monitor, impersonate, stalk, threaten, or humiliate a partner. This includes behaviors like excessive texting, controlling social media accounts, sharing private photos, embarrassing posts, tracking devices, hacking accounts, and sending unwanted explicit images.

Warning Signs of Domestic Violence

Domestic violence often escalates over time. While physical abuse may not happen right away, other controlling and unhealthy behaviors are often present early on. Some warning signs include:

• Extreme jealousy or possessiveness
• Explosive outbursts or anger
• Isolation from family and friends
• Making false accusations
• Mood swings and Dr. Jekyll/Mr. Hyde personality
• Controlling money or finances
• Monitoring time, texts, calls, social media
• Checking up on partner frequently
• Demanding obedience
• Threats and intimidation
• Belittling, name-calling, insults
• Gaslighting
• Sabotaging school or work
• Damaging property
• Hurting pets
• Forcing sex

Victims may also show physical signs like unexplained injuries, anxiety, depression, changes in behavior, lowered self-esteem, missed work or social engagements, and substance abuse.

Domestic Violence Laws in New Jersey

New Jersey has several laws in place to protect victims of domestic violence and hold abusers accountable through both civil and criminal penalties.

The Prevention of Domestic Violence Act (PDVA)

The PDVA provides victims with civil legal protection through restraining orders. There are two types:

• Temporary Restraining Order (TRO) – lasts up to 10 days
• Final Restraining Order (FRO) – lasts up to a lifetime

Restraining orders prohibit the abuser from further acts of domestic violence. They can also include other protections like emergency custody of children, temporary possession of a shared residence, and financial support. Violating a restraining order is a criminal offense subject to charges, fines, and jail time.

Harassment Charges

Under N.J.S.A. 2C:33-4, domestic abusers can be charged with harassment for making threats, stalking, or acting in a way that annoys or alarms the victim. Harassment charges can be filed along with restraining orders or separately. Penalties may include fines up to $1,000 and 30 days in jail.

Assault Charges

Assault charges under N.J.S.A. 2C:12-1 apply to various levels of physical violence like punching, kicking, strangling, attacking with a weapon, or seriously injuring the victim. Charges range from simple assault to aggravated assault based on the circumstances. Jail time can range from probation up to 10-20 years in prison.

Sexual Assault Charges

The abuser may also face sexual assault charges for non-consensual sexual contact obtained through physical force, threats, or coercion. This can include rape, molestation, and other unwanted sexual acts. Like assault, sexual crimes range from 4th degree to 1st degree offenses with penalties ranging from probation to 10-20 years in prison.

Weapons Charges

If a firearm or other weapon is involved in a domestic violence incident, the abuser can face illegal weapons possession charges under N.J.S.A. 2C:39-5 in addition to any assault or harassment crimes. These are typically 2nd to 1st degree offenses with at least 3-5 years in prison.

Stalking Charges

Under N.J.S.A. 2C:12-10, stalking involves repeatedly following, monitoring, threatening, or harassing the victim in a way that causes fear or concern for safety. Stalking charges can lead to 3-5 years in prison. Restraining orders also prohibit stalking.

Criminal Mischief Charges

Damaging the victim’s property or belongings may lead to criminal mischief charges under N.J.S.A. 2C:17-3. This includes vandalism like slashing tires, throwing objects, punching walls, destroying electronics, or ruining clothing. Fines, probation, and possibly jail time can result.

Strangulation Charges

Strangling or choking someone is an extremely dangerous form of domestic violence that can lead to death. New Jersey specifically prohibits strangulation under N.J.S.A. 2C:12-10. Charges range from 3rd degree to 1st degree crimes with fines and 3-5 years in prison.

Defenses for Domestic Violence Charges

Those facing domestic violence charges in New Jersey have several legal defense options:

• Self-Defense – Argue the defendant used reasonable force to protect themselves from violence by the alleged victim.
• False Accusations – Claim the alleged victim fabricated the story or made false allegations out of anger, jealousy, or other motives.
• Mistaken Identity – Argue the defendant was misidentified and did not commit the alleged acts.
• No Intent – For harassment, stalking, and some assault charges, claim the defendant’s actions were unintentional and without criminal intent.
• Consent – For sexual assault charges, argue the sexual contact was consensual, not forced.
• Self-Defense Immunity – Argue for immunity from civil and criminal prosecution under New Jersey’s Self-Defense Immunity law.

An experienced criminal defense attorney can evaluate the available defenses and build the strongest case possible on the defendant’s behalf.

Seeking Help for Domestic Violence in New Jersey

If you or someone you know is experiencing domestic violence, help is available:

• Call 911 immediately in an emergency
• Contact a domestic violence hotline:
  • New Jersey Coalition to End Domestic Violence – 24 hour hotline 1-800-572-SAFE (7233)
  • National Domestic Violence Hotline – 24 hour hotline 1-800-799-SAFE (7233)
• Find a domestic violence program or shelter in your county
• Obtain a restraining order from your local family court
• Develop a safety plan and consider an escape plan
• Seek counseling and support from loved ones

Domestic violence can escalate quickly – it’s important to get help and take threats seriously. You deserve to feel safe in your relationships.

Protecting Yourself from Further Harm

If you are trying to leave an abusive relationship, be aware it may escalate the situation initially. Abusers often increase their efforts to control, isolate, threaten, or harm you when they feel they are losing power. Have an emergency escape plan in place and take steps to increase safety like:

• Pack a bag with important documents, keys, money, and necessities.
• Save and document evidence of abuse.
• Open your own bank account and credit cards.
• Change passwords on devices and accounts.
• Vary your daily routine.
• Avoid being alone with your abuser.
• Identify safe areas at home, work, school.
• Inform trusted friends, family, coworkers, neighbors.
• Obtain a restraining order.
• Keep your cell phone charged and with you.

You may also consider changing your number, staying elsewhere, replacing locks, installing security systems, and any other steps to improve safety. If possible, have someone with you when confronting your abuser and leaving the relationship. The risk of severe assault increases when separating, so make sure you have support.

Healing from Domestic Violence

Recovering from an abusive relationship takes time. Seeking counseling, joining a support group, leaning on loved ones, and being patient with yourself as you process trauma can help. Safety should remain the priority, even after separating. Consider getting a restraining order and learn ways to stay vigilant. With help and support, many survivors are able to move forward in healthy new relationships and live full, happy lives.

Getting Legal Help for Domestic Violence

Navigating domestic violence laws and legal options in New Jersey can be complex and overwhelming. Having an experienced family law attorney on your side makes a significant difference. They can walk you through the process of obtaining restraining orders, filing charges, defending against false allegations, divorce, child custody, and other legal needs specific to domestic violence situations.
If you or a loved one are facing domestic violence, don’t go through it alone. Contact an attorney today to discuss your rights and how to move forward safely. With support and effective legal representation, you can take steps toward a violence-free future.