New Jersey Domestic Violence Law
We represent clients charged with N.J.S.A. 2C:25-1; New Jersey Domestic Violence complaints in central New Jersey municipalities including East Brunswick, New Brunswick, Woodbridge, Edison, Old Bridge, North Brunswick, South Brunswick, South River, Monroe and Sayreville; and charges filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.
Under New Jersey Domestic Violence Law, Municipal courts are involved in domestic violence in the following four ways:
First, issuing temporary restraining orders at hours when the family courts are closed.
Second, conducting first appearances and setting bail for people charged with this offense.
Third, disposition of the offense.
Fourth, conducting first appearances for people charged with violating a restraining orders.
For this law to apply the victim and defendant must have a certain relationship.
The victim must be at least 18 and has been subjected to violence by a spouse, former spouse, present or former household member, a person with whom the victim has a child in common or a person with whom the victim has a dating relationship.
To be a household member requires more than casual dating but less than the parties residing together.
Factors considered include constancy of relationship; overnight stays at each other residence; personal items stored at each other residence; shared property arrangements; familiarity with siblings and parents.
If the victim refuses to drop the charges in municipal court or if the State insists on prosecuting the case without the victim's cooperation, defendant should consider entering into an agreement restricting him or her to have contact with the victim.
Additionally, defendant should consider professional counseling to placate the State or the Court.
Finally, the State may be requested to hold the matter for a period of approximately 90 days, and upon no further incidents to dismiss the complaint.
Did You Know
Any matter arising out of this law may not be referred to municipal court mediation.
A person may violate a restraining order even by sending flowers to the victim which constitutes a disorderly persons offense.
If you have any questions for a NJ criminal defense attorney about a New Jersey Domestic Violence charge, please do not hesitate to contact us..