A common misconception about domestic violence is that it only involves restraining orders, civil proceedings in Family Court. That could not be more wrong.
Every single day in New Jersey, individuals are charged with violations of the New Jersey Criminal Code and face domestic violence criminal charges such as simple assault, aggravated assault, stalking, strangulation, burglary, harassment, sexual assault, and more.
Criminal charges can mean jail time, a permanent criminal record, loss of firearm rights, and immigration consequences. A restraining order is a civil matter. A criminal conviction follows you for life.
Why Choose Kraminsky Law for Your Domestic Violence Criminal Defense
The Arrest Process for Domestic Violence Criminal Charges
If you have been arrested for a domestic violence criminal charge in New Jersey, you may be charged on a summons complaint or a warrant complaint.
Summons Complaint
You will be issued a summons and given a court date in the Superior Court or a local Municipal Court. You are released without being jailed.
Warrant Complaint
You must surrender to local police or face arrest. You will be booked, processed, and temporarily jailed until your first appearance before a Superior Court Judge in Central Judicial Processing (CJP) Court.
If you are arrested on a warrant: You will appear remotely for your CJP proceeding from a county jail. It is extremely important that you or a family member retain an experienced domestic violence criminal defense attorney right away to protect your rights and interests, before you speak to anyone.
How Are Domestic Violence Criminal Charges Different From Restraining Orders?
Criminal Charges
Where: Municipal Court or Superior Court (Criminal Part)
Burden of Proof: Beyond a reasonable doubt (highest standard)
Consequences: Jail, prison, criminal record, fines, loss of rights
Restraining Order (FRO/TRO)
Where: Superior Court, Family Part
Burden of Proof: Preponderance of the evidence (lower standard)
Consequences: Loss of firearm rights, housing, custody, but no criminal record
Key takeaway: You can be acquitted of criminal charges but still have a Final Restraining Order entered against you, or vice versa. Each case requires a separate defense strategy.
Examples of Domestic Violence Crimes in New Jersey
Under the New Jersey Prevention of Domestic Violence Act (NJPDVA), the following criminal charges can arise from domestic violence allegations:
Many of these charges range from disorderly persons offenses to second-degree indictable crimes, with prison sentences up to 10 years.
Potential Penalties for Domestic Violence Criminal Charges
Degree of Crime & Maximum Penalties in New Jersey:
- Disorderly Persons Offense, Up to 6 months in county jail, fines up to $1,000
- Fourth Degree Crime, Up to 18 months in prison, fines up to $10,000
- Third Degree Crime, 3 to 5 years in prison, fines up to $15,000
- Second Degree Crime, 5 to 10 years in prison (85% under NERA), fines up to $150,000
- First Degree Crime, 10 to 20 years in prison, fines up to $200,000
In addition to jail or prison, a domestic violence conviction can result in:
- Permanent criminal record (cannot be expunged for most DV offenses under NJ’s expungement law)
- Loss of firearm rights (permanent under federal and state law)
- Mandatory batterer’s intervention program
- No-contact orders (can prevent you from seeing your children)
- Immigration consequences (deportation, inadmissibility, denial of naturalization)
- Loss of professional licenses (nursing, teaching, real estate, security, law enforcement)
Frequently Asked Questions
Q: I was arrested but not served with a restraining order. Do I still need a lawyer?
A: Yes. A criminal charge for domestic violence is separate from a restraining order. You face potential jail time, a criminal record, and collateral consequences even without a TRO. Do not wait.Q: What is CJP (Central Judicial Processing) Court?
A: CJP is where defendants arrested on a warrant appear before a Superior Court Judge (usually remotely from jail). The judge decides bail, release conditions, and whether a no-contact order applies. Having an attorney at your first appearance is critical.Q: Will I be held in jail before my trial?
A: It depends on the charge, your criminal history, and risk factors. New Jersey’s Criminal Justice Reform Act (CJRA) presumes release for most non-violent offenses, but serious DV charges (strangulation, weapons, significant injury) can result in pretrial detention. We fight for your release.Q: Can I still see my children if I’m charged with domestic violence?
A: Possibly, but a criminal no-contact order or restraining order may limit or prohibit parenting time. We can request exceptions for child-related contact and work to restore visitation rights.Q: Will a domestic violence conviction be expunged?
A: Under New Jersey’s expungement law (N.J.S.A. 2C:52-2), most domestic violence convictions are not eligible for expungement, ever. This includes assault, harassment, stalking, and contempt of a DV order. That’s why fighting the charge is critical.Q: What if the alleged victim wants to drop the charges?
A: The State (prosecutor) decides whether to proceed, not the victim. The victim can express a desire not to cooperate, but the prosecutor may still pursue the case using police reports, body cam footage, or other evidence. We can still use the victim’s statements to weaken the prosecution’s case.Facing Domestic Violence Criminal Charges? Call Now: Free Consultation
If you or a loved one has been arrested for domestic violence, time is critical. The sooner you have legal representation, the better your chances of a favorable outcome.
or email Alan@Kraminskylaw.com for a free, confidential, no-obligation case review.
Evening, weekend, and remote consultations available. We answer calls 24/7.
Office Locations: Serving All of New Jersey
We represent clients in Municipal Courts, Superior Courts, and CJP Courts across Passaic, Bergen, Morris, Essex, Hudson, and all New Jersey counties.
Phone: 973-200-3787 | Email: Alan@Kraminskylaw.com