Essex County Domestic Violence by the Numbers (2023)

Predicate Acts of Domestic Violence Under N.J.S.A. 2C:25-19

Under New Jersey’s Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.), domestic violence is defined as the occurrence of one or more of the following 19 predicate acts when committed by an adult or emancipated minor against a person protected under the act:

Predicate Act	Statute	Definition / Key Elements
1. Homicide	N.J.S.A. 2C:11-1 et seq.	Murder, manslaughter, death by auto, or any form of criminal homicide.
2. Assault	N.J.S.A. 2C:12-1	Simple assault (disorderly persons offense): causing bodily injury, attempting to cause injury, or placing another in fear of imminent injury through physical menace. Aggravated assault (indictable): causing serious bodily injury, using a deadly weapon, or assaulting protected persons. Most common DV charge — represents 44% of all DV incidents statewide (31,514 cases).
3. Terroristic Threats	N.J.S.A. 2C:12-3	Threatening to commit any crime of violence with purpose to terrorize or in reckless disregard of the risk of causing terror. Includes threats to kill, harm, or commit violence.
4. Kidnapping	N.J.S.A. 2C:13-1	Unlawfully removing or confining another person with purpose to hold for ransom, facilitate a crime, inflict injury, terrorize, or interfere with a governmental function.
5. Criminal Restraint	N.J.S.A. 2C:13-2	Unlawfully restraining another person so as to interfere substantially with their liberty. Often involves physically preventing a victim from leaving a location.
6. False Imprisonment	N.J.S.A. 2C:13-3	Knowingly restraining another unlawfully so as to interfere substantially with their liberty. Similar to criminal restraint but with different mens rea requirement.
7. Sexual Assault	N.J.S.A. 2C:14-2	Non-consensual sexual penetration through force, coercion, or when the victim is physically or mentally incapable of consent. Includes spousal sexual assault.
8. Criminal Sexual Contact	N.J.S.A. 2C:14-3	Non-consensual sexual contact (touching of intimate parts) for purpose of degrading or humiliating victim or sexual arousal/gratification of actor.
9. Lewdness	N.J.S.A. 2C:14-4	Exposing intimate parts in a public place or for purpose of arousing or gratifying sexual desire under circumstances where the actor knows such conduct is likely to offend.
10. Criminal Mischief	N.J.S.A. 2C:17-3	Purposely or knowingly damaging another’s property. In DV context: breaking phones, destroying clothing, damaging vehicles, breaking household items.
11. Burglary	N.J.S.A. 2C:18-2	Unlawfully entering a structure with purpose to commit an offense therein. In DV context: entering victim’s home without permission with intent to commit assault, theft, etc.
12. Criminal Trespass	N.J.S.A. 2C:18-3	Entering or remaining in a structure or on property knowing one is not licensed or privileged to do so. Common in DV cases involving restraining order violations.
13. Harassment	N.J.S.A. 2C:33-4	Making communication in offensively coarse language or at extremely inconvenient hours, or making repeated communications anonymously or at extremely inconvenient hours. Also: striking, kicking, shoving or other offensive touching, or engaging in any other course of alarming conduct or repeatedly committed acts with purpose to alarm or seriously annoy. Second most common DV charge — represents 38% of all DV incidents statewide (26,987 cases).
14. Stalking	N.J.S.A. 2C:12-10	Purposely or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of a third person or suffer emotional distress.
15. Criminal Coercion	N.J.S.A. 2C:13-5	Threatening to commit a crime or accuse anyone of a crime, or expose a secret, or take official action as a public servant, with purpose to restrict another’s freedom of action.
16. Robbery	N.J.S.A. 2C:15-1	Theft while inflicting bodily injury, using force, or threatening the immediate use of force upon another.
17. Contempt (DV Order Violation)	N.J.S.A. 2C:29-9(b)	Violation of a domestic violence restraining order that constitutes a crime or disorderly persons offense. Fourth-degree crime for first offense; third-degree for subsequent offenses.
18. Any Crime Involving Risk of Death or Serious Bodily Injury	N.J.S.A. 2C:25-19(a)(18)	Catch-all provision: any other crime under New Jersey law that involves risk of death or serious bodily injury to a person protected under the DV Act.
19. Cyber-Harassment	N.J.S.A. 2C:33-4.1	Using electronic means (social media, text, email, etc.) to threaten, harass, alarm, or annoy another person. Includes: threatening injury/harm, impersonating the victim online, distributing intimate images, or making repeated communications.

Who is Protected Under New Jersey’s Domestic Violence Act?

N.J.S.A. 2C:25-19(d) defines “victim of domestic violence” as any person 18 years or older (or emancipated minor) who has been subjected to domestic violence by:

• Current or former spouse
• Present household member (anyone currently living in the same household)
• Former household member (anyone who previously lived in the same household at any time)
• Person with whom victim has a child in common (regardless of marital status or cohabitation history)
• Person with whom victim anticipates having a child in common (if one party is pregnant)
• Person with whom victim has had a dating relationship (casual dating included; no cohabitation required)

Temporary Restraining Orders (TRO): Requirements & Process

Legal Standard for TRO Issuance (N.J.S.A. 2C:25-28)

A Temporary Restraining Order may be issued ex parte (without the defendant present) if the court finds:

1. A predicate act of domestic violence occurred — One of the 19 acts listed in N.J.S.A. 2C:25-19(a) was committed
2. The parties have a qualifying relationship — Victim and defendant fall within one of the protected relationship categories
3. Immediate danger exists — There is an immediate danger of further domestic violence

Where to File for TRO in Essex County

What Happens When TRO is Issued

• Immediate effect: TRO goes into effect immediately upon issuance, even before defendant is served
• Service requirement: Law enforcement must serve the TRO on the defendant as soon as practicable
• Duration: TRO remains in effect until Final Restraining Order (FRO) hearing, typically scheduled within 10 days
• Provisions may include: No contact with victim, stay-away from residence/workplace, temporary custody, temporary support, possession of residence, prohibition on firearm possession
• Violation consequences: Violating a TRO is a fourth-degree crime (up to 18 months imprisonment)

Final Restraining Orders (FRO): Requirements & Process

Legal Standard for FRO Issuance (N.J.S.A. 2C:25-29)

At the FRO hearing (held within 10 days of TRO issuance), the court conducts a two-part analysis established by Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006):

Part 1: Has a Predicate Act of Domestic Violence Been Proven?

The plaintiff must prove by a preponderance of the evidence (more likely than not) that the defendant committed one or more of the 19 predicate acts of domestic violence. This is a civil standard, lower than the “beyond a reasonable doubt” standard in criminal court.

Burden of proof: Plaintiff (victim)
Standard: Preponderance of the evidence (>50% likelihood)
Evidence allowed: Testimony, photos, text messages, medical records, police reports, witness statements, etc.

Part 2: Is a Restraining Order Necessary?

Even if a predicate act is proven, the court must determine whether a Final Restraining Order is necessary to protect the victim from future abuse. The court considers:

• Previous history of domestic violence between the parties
• Existence of immediate danger to person or property
• Financial circumstances of the parties
• Best interests of the victim and any children
• Whether a civil restraining order would be a more appropriate remedy
• Any other factors relevant to the risk of future domestic violence

FRO Hearing Procedures

• Both parties must appear — Defendant has right to be heard and contest allegations
• Right to counsel: Parties may hire attorneys but court does not provide free attorneys in DV matters (civil proceeding)
• Testimony under oath: Both parties may testify and call witnesses
• Evidence presentation: Photos, texts, medical records, police reports admissible
• Cross-examination: Both sides may cross-examine witnesses
• Judge’s decision: Judge issues oral decision from the bench, followed by written order

If FRO is Granted

• Duration: Permanent — remains in effect until modified or dissolved by court
• No automatic expiration: Unlike many states, New Jersey FROs do not expire after a set period
• Provisions: No contact, stay-away orders, custody, support, firearms prohibition, counseling requirements, etc.
• Modification/Dismissal: Defendant may file motion to dismiss FRO under Carfagno v. Carfagno standard (must show changed circumstances + good cause)
• Violation consequences: Contempt charge (fourth-degree crime for first offense, third-degree for subsequent)

Mandatory Arrest Requirements (N.J.S.A. 2C:25-21)

New Jersey has a mandatory arrest policy for domestic violence incidents. Law enforcement officers shall arrest when:

Mandatory Arrest Situations

1. Violation of restraining order: Officer has probable cause to believe defendant violated a temporary or final restraining order
2. Sign of injury: Officer observes signs of injury to the victim caused by domestic violence
3. Probable cause of assault/weapons offense: Officer has probable cause to believe a weapon was involved or an assault occurred

Discretionary Arrest (Probable Cause Standard)

Even if the above mandatory circumstances don’t exist, an officer may arrest if there is probable cause to believe a domestic violence offense occurred.

What Police Must Do at DV Scene (N.J.S.A. 2C:25-21)

• Provide victim with written notice of domestic violence rights and available services
• Offer to transport victim to shelter, hospital, or safe location
• Seize weapons: If there is probable cause to believe a weapon was involved in DV incident, officer must seize all weapons in plain view or discovered pursuant to search
• Complete DV report: Officer must complete detailed domestic violence report (Form DV-1) documenting incident
• Inform victim of TRO process: Explain how to obtain emergency TRO
• Arrest if mandatory circumstances exist: As outlined above

Arrest Consequences

• Booking and detention: Defendant taken into custody and transported to police station
• Complaint-warrant or complaint-summons: Prosecutor files criminal charges
• First appearance: Defendant appears before judge for bail hearing
• Bail conditions: Judge may impose no-contact order, GPS monitoring, surrender of firearms, etc.
• Criminal prosecution: Case proceeds in municipal court (disorderly persons offenses) or superior court (indictable offenses)
• No “mutual arrests”: Officers must identify primary aggressor; dual arrests discouraged unless both parties equally at fault

Essex County DV Resources & Contacts

Resource	Contact Information
Essex County Family Court (TRO Filings)	Wynona Lipman Courthouse, 350 University Ave, Newark (973) 776-9300
Essex County Prosecutor’s Office (DV Unit)	(973) 621-4700
NJ Domestic Violence Hotline	1-800-572-7233 (24/7)
Newark Police Department (Domestic Violence Unit)	(973) 733-6000
Legal Services of New Jersey (Free Civil Legal Aid)	1-888-576-5529
Volunteer Lawyers for Justice (Pro Bono DV Assistance)	(973) 624-0700

Data Sources: New Jersey State Police Uniform Crime Report 2023 Domestic Violence Offense Report; New Jersey Courts 2022 Domestic Violence Report; N.J.S.A. 2C:25-17 et seq. (Prevention of Domestic Violence Act of 1991); New Jersey Court Rules.

Disclaimer: This document is provided for informational and educational purposes only and does not constitute legal advice. Domestic violence laws and court procedures are complex. Anyone involved in a domestic violence situation should consult with a qualified attorney. Statistics are approximate and based on reported incidents; actual numbers may vary.