AVERY & AVERY
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Vol. L · No. I FOL. LArticles

Avery & Avery, Esqs. Ridgefield, NJ Robert W. Avery, Esq.

Definition of Domestic Violence in NJ — N.J.S.A. 2C:25-19

RW·A

By Robert W. Avery, Esq.

Founding Partner · Former Mun. Ct. Judge

By Robert W. Avery, Esq.

NJ defines “domestic violence” through the Prevention of Domestic Violence Act (PDVA) at N.J.S.A. 2C:25-17 et seq. The definitional core is at N.J.S.A. 2C:25-19, which enumerates fourteen predicate offenses that, when committed against a person in a qualifying relationship, support PDVA remedies — TRO, FRO, and the criminal-companion charge structure. Understanding the definitional structure is the first step in any PDVA matter.

PDVA definitional walkthrough. Not legal advice. Free consultation: (201) 943-2445.

The Predicate Offenses

N.J.S.A. 2C:25-19 enumerates the predicate acts:

  1. Homicide — N.J.S.A. 2C:11-1 et seq.
  2. Assault — N.J.S.A. 2C:12-1
  3. Terroristic threats — N.J.S.A. 2C:12-3
  4. Kidnapping — N.J.S.A. 2C:13-1
  5. Criminal restraint — N.J.S.A. 2C:13-2
  6. False imprisonment — N.J.S.A. 2C:13-3
  7. Sexual assault — N.J.S.A. 2C:14-2
  8. Criminal sexual contact — N.J.S.A. 2C:14-3
  9. Lewdness — N.J.S.A. 2C:14-4
  10. Criminal mischief — N.J.S.A. 2C:17-3
  11. Burglary — N.J.S.A. 2C:18-2
  12. Criminal trespass — N.J.S.A. 2C:18-3
  13. Harassment — N.J.S.A. 2C:33-4
  14. Stalking — N.J.S.A. 2C:12-10
  15. Cyber harassment — N.J.S.A. 2C:33-4.1 (added 2014)
  16. Coercive control — added by P.L. 2024, c.74 (recent amendment expanding coercive-control as a recognized pattern)

The Relationship Element

N.J.S.A. 2C:25-19(d) defines covered relationships:

  • Spouse, former spouse, or any other person with whom the defendant has a child in common
  • Person with whom the defendant has a present or prior dating relationship
  • Household member or former household member

The relationship element is jurisdictional — without it, the matter is not PDVA, even if the predicate act qualifies. Strangers don’t generate PDVA matters; ex-partners and family members do.

The Two-Track Procedure

A PDVA matter proceeds on two tracks:

Civil Track — TRO / FRO

  • TRO issued ex parte on the complainant’s showing
  • FRO hearing within 10 days — bench trial in Family Part
  • Three-factor Silver analysis: predicate act + prior history + need for FRO
  • Permanent civil order with criminal-companion exposure for violation

Criminal Track

  • The predicate offense itself prosecuted in municipal court (DP / PDP) or Superior Court (indictable)
  • Independent of the FRO
  • Same evidentiary record but different burden of proof — preponderance for FRO, beyond reasonable doubt for criminal

Coercive Control Addition

The 2024 addition of “coercive control” expands the definitional reach. Coercive-control evidence — patterns of psychological intimidation, financial control, isolation — was previously admitted as context for the listed predicate offenses but is now a recognized predicate. The 2024 amendment is still being interpreted in the case law.

Defense Considerations

For respondents in PDVA matters:

  1. Evidentiary preservation — text messages, emails, social media, surveillance, witness identification
  2. Cross-examination preparation for the FRO hearing
  3. Concurrent-criminal-case coordination to avoid statements in one forum prejudicing the other
  4. Modification / vacatur under Carfagno if an FRO has already issued

Frequently Asked Questions

Is harassment really domestic violence?

If committed against a person in a qualifying relationship, yes — N.J.S.A. 2C:33-4 harassment is a recognized PDVA predicate. The frequency of harassment-based PDVA matters is high.

Can the complainant withdraw?

The civil PDVA matter can be withdrawn by the complainant; the criminal matter is the State’s prosecution and cannot be unilaterally withdrawn by the complainant.

What if both parties were violent?

Cross-complaints sometimes follow. The Family Part adjudicates each separately under the Silver factors.

Does the FRO show up on background checks?

Yes. The FRO is a permanent record visible on most NJ background screens.

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