Domestic Violence Charges & Restraining Orders in New Jersey

Domestic Violence Cases in New Jersey: Two Systems, One Problem

In New Jersey, domestic violence cases often involve two separate but connected legal actions: a criminal charge and a restraining order. Many people are shocked to learn that one accusation can trigger both systems at the same time. Understanding how these cases overlap—and working with an attorney who knows both criminal defense and family law—is essential to protecting your rights.

Criminal Charges for Domestic Violence

When police respond to a domestic dispute, New Jersey law requires an arrest if there is probable cause of assault, harassment, or another qualifying offense. Criminal charges may be handled in municipal or superior court depending on the severity. Penalties for a conviction include jail time, probation, fines, and a permanent criminal record. A strong defense from an experienced New Jersey defense lawyer is critical at this stage.

Restraining Orders in Family Court

Separate from the criminal process, an alleged victim can apply for a Temporary Restraining Order (TRO) in Family Court. Within about 10 days, a hearing determines whether a Final Restraining Order (FRO) should be granted. An FRO can affect nearly every aspect of life—it may restrict where you live, who you contact, and your right to own firearms.

How the Two Cases Overlap

Although the criminal case and the restraining order proceeding are legally separate, they often influence each other. Testimony in Family Court may be used by prosecutors, while a criminal conviction can make it harder to defend against an FRO. Without a coordinated defense, you risk inconsistent strategies and long-term consequences.

Why Experience Matters

Defending against domestic violence charges in New Jersey requires an attorney who understands both criminal law and family law. A skilled lawyer can challenge probable cause, cross-examine witnesses, and expose weaknesses in the case—while also defending against a permanent restraining order.

Protecting Your Rights

Domestic violence cases move fast and carry serious risks to your freedom, your reputation, and your future. If you are facing criminal charges and a restraining order, consult with a New Jersey domestic violence defense attorney immediately. The right legal strategy can make all the difference.