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Vol. L · No. I FOL. LArticles

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

What 'Domestic Violence' Means Under NJ Statute

RW·A

By Robert W. Avery, Esq.

Founding Partner · Former Mun. Ct. Judge

By Robert W. Avery, Esq.

The phrase “domestic violence” gets used loosely in news, social media, and casual conversation. NJ statute uses it precisely. The Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 et seq., defines the term as the commission of one of fourteen-plus enumerated predicate offenses against a person in a qualifying relationship. This post explains the statutory meaning.

Statutory meaning. Not legal advice. Free consultation: (201) 943-2445.

The Statutory Definition

N.J.S.A. 2C:25-19(a) defines domestic violence as one or more of the listed offenses, “inflicted upon” a person in a qualifying relationship. The offense list (current):

  • Homicide
  • Assault
  • Terroristic threats
  • Kidnapping / criminal restraint / false imprisonment
  • Sexual assault / criminal sexual contact / lewdness
  • Criminal mischief
  • Burglary / criminal trespass
  • Harassment
  • Stalking
  • Cyber harassment
  • Coercive control (added 2024)

If the conduct doesn’t fit one of the listed predicates, it isn’t “domestic violence” within the statute, even if it is otherwise problematic conduct.

The Relationship Element

Equally important: the relationship element under N.J.S.A. 2C:25-19(d):

  • Spouse or former spouse
  • Person with a child in common
  • Present or former dating partner
  • Household member or former household member

If the defendant and the alleged victim do not have a qualifying relationship, the matter is not domestic violence — even if the underlying conduct fits a predicate.

What Is and Isn’t Domestic Violence

Yes — Within the Statute

  • A spouse who slaps another spouse → assault as predicate, spouse relationship qualifies
  • A former boyfriend who follows the ex → stalking or harassment predicate, dating-relationship qualifies
  • A roommate who damages the other’s property in a personal dispute → criminal mischief predicate, household member qualifies

Not — Outside the Statute

  • A bar fight between strangers → assault is the predicate but no relationship
  • A workplace conflict between coworkers → no relationship
  • An online dispute between strangers → no relationship

These are crimes; they are not “domestic violence” within the PDVA.

Why the Definition Matters

The PDVA definition controls:

  1. Whether a TRO can be issued — only PDVA matters generate TROs
  2. The court of jurisdiction — Family Part for PDVA, regular courts otherwise
  3. The remedies available — civil restraints with criminal enforcement under PDVA
  4. The federal firearms consequences — Lautenberg Amendment attaches to PDVA convictions and FROs
  5. Background-check appearance — PDVA matters appear on most NJ background screens

Coercive Control Addition

The 2024 PDVA amendment added “coercive control” as a recognized pattern. Coercive control includes:

  • Patterns of psychological intimidation
  • Financial control to limit autonomy
  • Isolation from support networks
  • Surveillance and monitoring
  • Threats against children, pets, or family members

Whether a single coercive-control allegation supports a TRO without one of the other listed predicates is being interpreted in the post-2024 case law.

Frequently Asked Questions

Is verbal abuse domestic violence?

It depends. If the verbal conduct constitutes harassment under N.J.S.A. 2C:33-4 or terroristic threats under N.J.S.A. 2C:12-3, and there’s a qualifying relationship, yes. If it’s not statutory harassment / threats, no — even if it is harmful.

Does NJ require physical injury?

No. Many PDVA predicates do not require physical injury. Threats, stalking, harassment, criminal mischief — all support PDVA remedies without physical violence.

What about emotional abuse?

If it constitutes coercive control under the 2024 amendment, it may now be a recognized predicate. Pre-2024, emotional abuse was typically introduced as context for the listed predicates, not as a standalone basis.

Can same-sex couples invoke PDVA?

Yes. The relationship-element list does not condition on the gender of the parties. Same-sex spouses, dating partners, and household members all qualify.

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