Who Has Standing To Obtain A Restraining Order Under the New Jersey Domestic Violence Act?

| Domestic Violence

Cases involving allegations of domestic violence are guided by the law set forth under N.J.S.A. 2C:25-17. This title of the New Jersey Criminal Code is referred to as the Prevention of Domestic Violence Act of 1991 (hereinafter referred to as “the Act”). This body of law is intended to provide protection to individuals who are the victims of domestic violence in Hudson County, Burlington County, Somerset County, Monmouth County, Camden County and everywhere else in the state. Unfortunately, the act tends to snare both real abuse and false allegations.

If you have been accused of domestic violence, the victim can secure a restraining order provided they have standing under the Act. N.J.S.A. 2C:25-19(d) defines “victim of domestic violence” and basically sets forth four (4) categories of individuals who possess standing to obtain a restraining order. An individual has standing to apply for a restraining order if they are:

  1. The spouse or former spouse of the defendant
  2. A current or former household member of the defendant
  3. Co-parent of a child or anticipated child with the defendant
  4. Someone who has or had a dating relationship with the victim

Provided an individual falls into one of these categories, they possess standing to obtain a restraining order if they are the victim of domestic violence.

“Domestic Violence” is defined under subsection (a) of 2C:25-19 and means someone who has been subjected to one of the following acts:

  1. Homicide
  2. Simple Assault or Aggravated Assault
  3. Harassment
  4. Terroristic Threat
  5. Stalking
  6. Criminal Mischief
  7. Burglary
  8. Criminal Trespass
  9. Kidnapping
  10. Criminal Restraining or False Imprisonment
  11. Sexual Assault or Aggravated Sexual Assault
  12. Criminal Sexual Contact or Aggravated Criminal Sexual Contact
  13. Lewdness
  14. Criminal Coercion
  15. Robbery
  16. Contempt of a Domestic Violence Order
  17. Cyber-harassment
  18. Any other crime involving risk of death or serious bodily injury to someone with standing under the Act

The attorneys at our firm, the Law Offices of Jonathan F. Marshall, defend clients throughout New Jersey who have been charged with a domestic violence criminal offense or served with a restraining order. A member of our team, which possesses well over 150 years of combined experience and includes many former prosecutors, is available to discuss your domestic violence case 24/7. For a free initial consultation with an attorney, call us toll free at 855-450-8310.