New Jersey Section 2C:25-17
Understanding New Jersey’s Domestic Violence Law: Section 2C:25-17
Domestic violence is a serious issue that affects countless individuals and families across New Jersey. In 1991, the state legislature enacted the Prevention of Domestic Violence Act (PDVA) to establish stronger legal protections for victims of domestic violence. One of the key provisions of this law is Section 2C:25-17, which defines domestic violence and establishes procedures for obtaining restraining orders against alleged abusers.
What is Considered Domestic Violence Under Section 2C:25-17?
Section 2C:25-17 of the PDVA provides a broad definition of domestic violence. Under the law, domestic violence includes the infliction of any of the following criminal offenses upon a victim by an adult or emancipated minor with whom the victim has a specific relationship:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
- Criminal coercion
- Robbery
- Contempt of a domestic violence restraining order
The law covers abuse between current or former household members, dating partners, those with a child in common, and others in a familial relationship. So domestic violence isn’t limited to just spouses under this statute.
Key Provisions of 2C:25-17
- Emergency relief – Judges can order emergency relief as part of a TRO, such as prohibiting contact, excluding the defendant from the residence, or seizing weapons.
- No cost to victims – Courts cannot require victims to pay any application fees for filing a complaint.
- Confidentiality – Courts must keep victims’ locations and personal information confidential.
- Custody provisions – Courts can award temporary custody and establish visitation rights as part of a restraining order case.
- Weapon prohibitions – Judges can order the defendant to surrender firearms and revoke their firearms purchaser ID card or permit.
- Enforcement – Law enforcement must arrest defendants if there is probable cause they violated a restraining order.
If you are involved in a domestic violence restraining order case in New Jersey, having an experienced local attorney represent you is crucial. They can advise you on the law, defenses, and strategy to protect your rights and interests.