What is domestic violence in New Jersey?

 

In New Jersey, “domestic violence” includes any of the 19 enumerated criminal offenses listed in the “Prevention of Domestic Violence Act of 1991” committed against a “protected person.”  “Protected persons” are defined as a present or former household member, or someone with whom the alleged victim is or was previously in a dating relationship.

 

Why do domestic violence allegations result in a mandatory arrest?

 

Under N.J.S.A. 2C:25-21, when a person claims to be a victim of domestic violence, and where a law enforcement officer responding to the incident finds probable cause to believe that domestic violence has occurred, the law enforcement officer must arrest the person who is alleged to be the person who subjected the alleged victim to domestic violence.   The law enforcement officer must, by statute, sign a criminal complaint if the alleged victim exhibits signs of injury caused by an act of domestic violence, a warrant is in effect, there is probable cause to believe that the person committed contempt, or there is probable cause to believe that a weapon was involved in the commission of an act of domestic violence.

 

The law enforcement officer MAY arrest a person and/or sign a criminal complaint against him if there is probable cause to believe that an act of domestic violence has occurred but there are no signs of injury, warrants for the person’s arrest, or contempt of a restraining order.

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If the TRO against me was dismissed, why are the criminal charges still pending?

 

Dismissal of a TRO does not result in an automatic dismissal of associated criminal charges.  This is because the TRO is a Family Court matter, whereas any associated criminal charges are heard in Criminal Court.  The Family Court matter and the Criminal Court matter are parallel to each other and do not necessarily impact the resolution of each other as they are in different courts.

 

How is a “no contact” provision in a pre-trial release order different from a TRO?

 

A “no contact” order is a condition that can be added to a pre-trial release order in a criminal case that prohibits a defendant from having any contact with an alleged victim while the criminal case is pending.  This is completely separate and apart from any TRO’s or FRO’s, which are issued by the Family Court.  Even if a TRO or FRO were dismissed, the “no contact” order in the criminal case still exists.  Contact includes verbal, written, telephone calls/texts/voicemails, electronic contact (i.e., e-mail, social media, etc.), or contact by passing messages through third parties.  Violations of “no contact” orders can have serious consequences such as release revocation, a violation of pre-trial release monitoring, or the filing of additional charges.

 

What is a “contempt” charge?

 

A “contempt” charge is an allegation that a defendant has violated the “no contact” provision of a court order (either a TRO, FRO, pre-trial release order, or condition of probation).  Contempt is a criminal charge that can have very serious consequences.  It can either be a disorderly persons offense (with sentencing exposure of up to 6 months in jail) or a 4th degree offense (with sentencing exposure of up to 18 months in New Jersey State Prison). 

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If the TRO against me was dismissed, why am I still being charged with contempt?

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It is irrelevant that a domestic violence order was later vacated or dismissed.  The State only has to prove that the domestic violence order was in existence at the time of the alleged contempt offense.

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The alleged victim initiated contact with me, so why am I being charged with contempt?

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Even if the party protected by the court order initiates contact with the defendant, the defendant has an obligation to not reply.  “No contact” orders only prohibit the defendant’s conduct.  It does not prohibit the protected party from reaching out to the defendant.  Even if the parties decide to reconcile, the court order is still in effect unless and until there is an application to the court to vacate the prior court order AND the court does in fact vacate the order.

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Can an alleged victim “drop the charges” pending against a defendant? 

 

Technically, no.  If an alleged victim of domestic violence wants to dismiss the TRO or FRO, this can normally be accomplished by appearing in Family Court to seek a dismissal of the TRO or FRO.  However, “dropping” criminal charges is not as easy.  Once the criminal charges are filed, it is up to the prosecutor whether or not to proceed.  The State will take into consideration the alleged victim’s position about whether to drop charges, but the alleged victim’s wishes do not control here.  The reason is because once a domestic violence complaint is made, the State often has evidence that that exists independent of the alleged victim’s current position.  For example, if a defendant is charged with assaulting the alleged victim or making terroristic threats, the State will often have collected a statement from the alleged victim, pictures of any injuries, and/or photographs of any text messages where the threat was made.  Thus, the State may believe that it can prove the charges against the defendant without the alleged victim’s current cooperation. The State can also subpoena the alleged victim to testify, and might even consider filing “false report” charges against an alleged victim if she later changes her story about what happened.  However, if the case against the defendant is not very strong and the alleged victim wants the case dismissed, the State might allow the alleged victim to sign a “waiver of prosecution” and then dismiss the criminal charges.