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Domestic Violence

Domestic Violence in New Jersey

Serious Allegations. Lifelong Consequences.

In New Jersey, domestic violence is treated as both a crime and a special type of civil case under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 et seq.

A single incident can lead to:

  • Criminal charges (assault, harassment, terroristic threats, etc.)

  • A Temporary Restraining Order (TRO) issued the same day

  • A fast-tracked Final Restraining Order (FRO) hearing, often within about 10 days

  • Long-term restrictions on where you can live, work, and who you can see, including your children

If you’ve been accused of domestic violence or served with a TRO, you are facing urgent deadlines and very serious consequences. You should speak with an experienced attorney immediately.

How Attorney Mark Bailey Approaches Domestic Violence Cases

Attorney Mark Bailey understands that domestic violence cases are often:

  • Highly emotional, with complicated relationship history

  • Filed in the middle of divorce or custody battles

  • Based on conflicting stories and partial facts

  • A mix of civil family court proceedings and criminal court

He takes a selective, hands-on approach, limiting the number of domestic violence matters he takes so he can:

  • Carefully review the TRO, police reports, 911 calls, body-cam, text messages, social media, and medical records

  • Explain the difference between your criminal charges and the civil restraining order case

  • Prepare you for the Final Restraining Order hearing, where a judge—not a jury—decides whether a permanent order will be entered

  • Look for inconsistencies and exaggerations in the accuser’s story and present your side clearly and forcefully

His goal is to protect your rights, your record, your family relationships, and your future.

New Jersey’s Prevention of Domestic Violence Act (PDVA)

Domestic violence in New Jersey is governed by the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to 25-35.

To qualify as a domestic violence case under the PDVA, there must be:

  1. A qualifying relationship, and

  2. A “predicate act” of domestic violence (one of the listed crimes).

Qualifying Relationship

Under N.J.S.A. 2C:25-19, a “victim of domestic violence” generally includes:

  • A spouse or former spouse

  • A current or former household member

  • Someone you have a dating relationship with (present or past)

  • Someone with whom you have a child in common, or are expecting a child

If the relationship doesn’t fit these categories, the PDVA may not apply, even if there’s still a criminal case.

Predicate Acts of Domestic Violence

The PDVA lists specific predicate acts, including (among others):

  • Assault

  • Harassment or cyber-harassment

  • Terroristic threats

  • Stalking

  • Criminal mischief (property damage)

  • Criminal restraint, false imprisonment, kidnapping

  • Sexual assault and criminal sexual contact

  • Burglary, robbery, contempt of a prior order, and other serious offenses

The judge must decide whether at least one predicate act occurred and whether a restraining order is necessary for ongoing protection.

TRO vs. FRO – Two Different Stages

Temporary Restraining Order (TRO)

A TRO is an emergency order that can be issued very quickly—sometimes the same day the accusations are made—often without you being present.

A TRO can:

  • Order you to stay away from the plaintiff, their home, workplace, and school

  • Remove you from your own residence

  • Set temporary parenting-time restrictions

  • Require immediate surrender of firearms and weapons

The TRO remains in effect until the court holds a Final Restraining Order hearing.

Final Restraining Order (FRO)

A FRO hearing is typically scheduled within a short period (often around 10 days).

At the FRO hearing, the judge decides whether:

  1. A predicate act of domestic violence occurred, and

  2. An ongoing restraining order is needed for future protection.

If a FRO is entered, it is indefinite—it does not automatically expire. It remains in effect until a court later vacates or modifies it.

Consequences of a Final Restraining Order in New Jersey

A FRO under the PDVA carries serious, long-term collateral consequences, including:

  • Permanent restraining order unless and until vacated

  • Entry into the New Jersey Domestic Violence Central Registry

  • Prohibition on owning, purchasing, or possessing firearms, often permanently

  • Forfeiture of any weapons seized after the TRO

  • Possible civil penalties and mandatory counseling (e.g., domestic violence or anger management)

  • Limits on where you can live, work, or travel

  • Restrictions on contact with children, including parenting time and exchanges

  • Serious impact on employment, especially in law enforcement, security, education, healthcare, and government

  • Potential immigration consequences for non-citizens

In addition, any alleged violation of a restraining order can result in criminal contempt charges and jail.

Criminal Charges vs. Civil Restraining Orders

It’s important to understand that two separate tracks may be happening at the same time:

  1. Criminal case (in Municipal or Superior Court)

    • Example: simple assault, harassment, terroristic threats, criminal mischief

    • Handled by the prosecutor

    • Can result in jail, probation, fines, and a criminal record

  2. Civil domestic violence case (TRO/FRO in Family Court)

    • Plaintiff vs. defendant under the PDVA

    • Can result in long-term restraining orders and collateral consequences, even if the criminal case is downgraded or dismissed

You can win one and lose the other, so both need careful attention.

Defenses & Strategies in Domestic Violence Cases

Every case is fact-specific, but common defense issues include:

1. Relationship & Jurisdiction

  • Does the relationship qualify under the PDVA?

  • Is this truly a domestic violence matter, or should it be handled as a standard criminal or civil dispute?

If the relationship doesn’t fit, the court may not have authority to enter a FRO under the PDVA.

2. Did a Predicate Act Actually Occur?

The judge must find that at least one predicate act took place.

Defense strategies may include:

  • Showing that alleged “assault” was minimal or accidental, or mutual

  • Demonstrating that alleged “harassment” was simply two-way arguing or normal breakup communication, not targeted abuse

  • Challenging claims of threats, stalking, or criminal mischief with texts, video, or witnesses

3. Self-Defense or Defense of Others

If there was physical contact, you may have been:

  • Defending yourself against the plaintiff or another person

  • Trying to separate people or break up a fight

New Jersey recognizes the right to use reasonable force in self-defense. Presenting that context can be crucial, especially where police arrived after the incident and only heard one side.

4. Exaggeration, Motive, and Credibility

Domestic violence complaints can sometimes be influenced by:

  • Divorce, custody, or property disputes

  • Jealousy, anger, or desire for leverage in family court

  • Pressure from friends or relatives

A strong defense may involve:

  • Comparing the plaintiff’s testimony with prior statements, texts, social media posts, and 911 calls

  • Highlighting inconsistencies, omissions, or obvious motives to exaggerate

  • Showing the broader pattern of communication between the parties before and after the alleged incident.

5. Necessity of a FRO

Even if the judge finds a predicate act, they must still decide whether a FRO is necessary to protect the plaintiff going forward.

Your attorney can argue that:

  • The incident was isolated and unlikely to recur

  • There has been no contact or trouble since

  • Appropriate protections can be handled through other means (e.g., criminal conditions of release, parenting-time orders) rather than a permanent FRO

How Mark Bailey Can Help in a Domestic Violence Case

When you retain Mark A. Bailey for a domestic violence matter, he will:

  • Review the TRO, criminal complaints, police reports, and all available evidence

  • Prepare you in detail for the Final Restraining Order hearing

  • Identify and pursue defenses based on relationship status, predicate acts, self-defense, credibility, and need for ongoing restraints

  • Coordinate strategy between your criminal case and your civil restraining order case

  • Work to avoid or vacate a FRO when possible, and to minimize collateral consequences if an order is already in place

His mission is to defend your rights, protect your reputation, and safeguard your relationship with your children and your future.

The Law Office of Mark A. Bailey is dedicated to defending individuals facing domestic violence allegations—both in criminal court and in restraining order hearings—and to fighting for the best possible outcome in every case.

Contact Mark Bailey today for a confidential consultation to discuss your domestic violence case, your rights, and the best strategy for moving forward.