New Jersey Domestic Violence Laws & Statutes

Facing a domestic violence arrest in New Jersey or New York? Our New Jersey certified trial attorneys, Laura (Certified Criminal Trial Attorney) and Warren (Certified Municipal Court Law Attorney), have helped many satisfied clients across New Jersey and New York City defend against charges from simple assault and harassment to strangulation, stalking, cyber-harassment, and contempt. We thoroughly review technical evidence, challenge police procedure, and are prepared to take cases to trial when necessary. Contact Sutnick & Sutnick Attorneys at Law at 201-212-4532 or complete our online contact form to schedule a free initial consultation. We serve all of New Jersey and New York City, including Bergen County, Passaic County, & Hudson County.

Common Criminal Charges in Domestic Violence Cases

The following statutes are the most common criminal charges encountered in the context of domestic violence cases and arrests. Prosecutors often charge multiple offenses depending on the evidence.

Simple Assault — N.J.S.A. 2C:12-1(a)

A person is guilty of assault if he or she:

1. Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or
2. Negligently causes bodily injury to another with a deadly weapon; or
3. Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Harassment — N.J.S.A. 2C:33-4

A person is guilty of harassment when, with the purpose to harass another, he or she:

1. Makes, or causes to be made, communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or in any other manner likely to cause annoyance or alarm;
2. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or
3. Engages in any other course of alarming conduct or repeatedly commits acts with the purpose to alarm or seriously annoy such other person.

Aggravated Assault — N.J.S.A. 2C:12-1

A person is guilty of aggravated assault if he or she:

1. Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly, or recklessly causes such injury under circumstances manifesting extreme indifference to the value of human life; or
2. Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
3. Recklessly causes bodily injury to another with a deadly weapon; or
4. Knowingly, under circumstances manifesting extreme indifference to the value of human life, points a firearm at or in the direction of another, whether or not the actor believes it to be loaded; or
5. Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or
6. Other subsections are generally not applicable in domestic violence cases.

Aggravated Assault — Strangulation — N.J.S.A. 2C:12-1B(13)

A person is guilty of Aggravated Assault by Strangulation when he or she knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life, obstructs the breathing or blood circulation of a person who qualifies as a victim of domestic violence (see N.J.S.A. 2C:25-19(d)) by applying pressure on the throat or neck or blocking the nose or mouth, thereby causing or attempting to cause bodily injury.

• Any person 18 years of age or older, or an emancipated minor, who has been subjected to domestic violence by:
  • A spouse, former spouse, or any other present or former household member;
  • A person with whom the victim has a child in common, or anticipates having a child in common if one party is pregnant; or
  • A person with whom the victim has had a dating relationship.

Terroristic Threats — N.J.S.A. 2C:12-3

A person is guilty of Terroristic Threats if he or she:

1. Threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or acts in reckless disregard of the risk of causing such terror or inconvenience; or
2. Threatens to kill another with the purpose of putting that person in imminent fear of death, under circumstances reasonably causing the victim to believe the immediacy and likelihood of the threat; or
3. Other subsections are generally not applicable in domestic violence cases.

Cyber Harassment — N.J.S.A. 2C:33-4.1

A person is guilty of Cyber Harassment if, while making an online communication via any electronic device or social networking site and with the purpose to harass another, the person:

1. Threatens to inflict injury or physical harm to any person or property; or
2. Knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm; or
3. Threatens to commit any crime against a person or the person’s property.

Stalking — N.J.S.A. 2C:12-10

A person is guilty of stalking if he or she engages in the behavior described below. For the statute:

“Course of conduct”

Repeatedly maintaining visual or physical proximity to a person (directly or indirectly), repeatedly conveying threats by any means, or a combination of repeated acts directed at a person. “Repeatedly” means on two or more occasions.

A person is guilty of stalking if he or she:

1. Purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her safety or the safety of another person, or to suffer other emotional distress; or
2. Commits stalking in violation of an existing court order prohibiting the behavior; or
3. Commits stalking while serving a term of imprisonment or while on parole or probation for an indictable offense; or
4. Commits stalking and has previously been convicted of stalking under this section or a substantially equivalent law of another jurisdiction.

Contempt — N.J.S.A. 2C:29-9B(2)

Criminal Contempt (Domestic Violence Order)

A person is guilty of contempt if that person purposely or knowingly violates any provision in an order entered under the “Prevention of Domestic Violence Act of 1991” (P.L.1991, c.261; C.2C:25-17 et seq.), when the conduct constituting the violation could also constitute a crime or a disorderly persons offense.