Domestic Violence Assault & Battery

Understanding Domestic Assault and Battery in New Jersey

Domestic assault and battery are serious crimes in New Jersey. These charges involve violence or threats of violence between people in a family or household relationship. That can include spouses, former spouses, dating partners, co-parents, or even people living in the same household.

New Jersey law treats these offenses under the Prevention of Domestic Violence Act (PDVA). Police officers are required to take domestic assault allegations seriously, and the courts move quickly to protect alleged victims. Even without visible injuries, an accusation can result in arrest, restraining orders, and immediate consequences for the accused.

Domestic Assault vs. Simple Assault

In New Jersey, “domestic assault” is not a separate criminal statute—it falls under the broader definition of simple assault. A person may be charged if they:

• Attempt to cause or purposely cause bodily injury,
• Negligently cause injury with a weapon, or
• Threaten physical harm in a way that makes another person reasonably fear for their safety.

When the alleged victim has a domestic relationship with the accused, the charge is handled as a domestic violence case, bringing additional penalties and restrictions.

Penalties for Domestic Assault in New Jersey

The penalties for assault depend on the degree of the offense and the circumstances. A simple assault charge can result in up to six months in jail and fines. More serious conduct, such as causing significant bodily injury or using a weapon, may lead to an aggravated assault charge. This is an indictable offense and can carry years in prison.

In addition, a domestic assault case often comes with civil consequences. A temporary restraining order (TRO) may be issued, which can limit where you go, who you see, and even remove you from your home. If the TRO becomes a final restraining order (FRO), it can have long-term impacts on your freedom, employment, and reputation.

How Prosecutors Handle Domestic Assault Cases

Prosecutors in New Jersey take domestic violence cases extremely seriously. These cases often move quickly, and prosecutors may rely heavily on the testimony of the alleged victim, police reports, and physical evidence such as medical records or photographs. Even if the alleged victim asks to drop charges, the state can—and often will—continue prosecution.

This aggressive approach can leave defendants feeling powerless. However, an experienced defense attorney can challenge the credibility of evidence, question the legality of police procedures, and present a full defense strategy.

Why Legal Representation Is Critical

Domestic assault cases can change your life in an instant. A conviction may lead not only to jail or prison, but also the loss of employment opportunities, professional licenses, and even parental rights. The stigma alone can damage personal relationships and future prospects.

This is why hiring the right defense attorney is essential. A knowledgeable lawyer will carefully examine the facts, challenge weak evidence, and work to protect your rights at every step.

Reisig Criminal Defense & DWI Law: Nearly 30 Years of Experience

For nearly three decades, Reisig Criminal Defense & DWI Law has been one of New Jersey’s most trusted defense firms. Led by attorney Matthew Reisig, the firm has built a reputation for aggressive, skillful defense across a wide range of criminal cases—including DWI, domestic assault, and other serious charges.

What sets Reisig Criminal Defense & DWI Law apart is their deep familiarity with New Jersey courts and prosecutors. Attorney Reisig has defended clients throughout the state, earning respect and recognition for his ability to navigate complex cases. His nearly 30 years of proven success have made the firm a go-to resource for individuals facing some of the toughest criminal allegations.

Clients choose Reisig Criminal Defense & DWI Law because:

• The firm understands the strategies prosecutors use in domestic assault cases.
• They bring decades of experience defending those accused of both DWI and domestic violence.
• They know the local courts, judges, and prosecutors, giving clients a valuable advantage.
• They fight tirelessly to minimize penalties, protect reputations, and safeguard futures.

Protecting Your Rights in Domestic Assault Cases

If you’ve been accused of domestic assault or battery in New Jersey, you need immediate legal help. Delays can limit your options and allow prosecutors to strengthen their case. With so much at stake—your freedom, your family, and your future—it’s crucial to act quickly.

At Reisig Criminal Defense & DWI Law, every case is approached with focus, skill, and commitment. The firm works closely with clients to understand their situation and build the strongest defense possible. With nearly 30 years of experience, they know how to challenge the state’s evidence, negotiate effectively, and fight for the best outcome in court.

Take Action Today

Facing domestic assault charges in New Jersey is overwhelming, but you don’t have to face it alone. With the right defense team, you can protect your rights and fight for your future.

Call Reisig Criminal Defense & DWI Law today at 732-625-9660 to schedule a consultation with attorney Matthew Reisig. Put nearly 30 years of trusted experience on your side and take the first step toward protecting your freedom.

Domestic assault is a serious charge in New Jersey (Domestic Violence 2C:25-19 – Assault N.J.S.2C:12-1). If you’ve been arrested for domestic violence, it’s natural to feel confused, scared, and unsure of what happens next.

The truth is, the penalties can be severe—and they can follow you for the rest of your life if not handled properly. But understanding the law is the first step toward protecting your future.

What Counts as Domestic Assault In NJ?

In New Jersey, domestic assault is not a separate crime. Instead, it usually falls under existing criminal statutes like simple assault or aggravated assault—but it becomes a domestic violence matter when it involves certain relationships.

The law considers a crime “domestic” if it occurs between:

• Current or former spouses
• Dating partners
• People living together (or who once lived together)
• Parents of a shared child

This means that even a minor altercation with a loved one can result in a domestic violence charge.

Simple Assault vs. Aggravated Assault

The penalties depend on the level of the assault.

Simple assault is usually a disorderly persons offense, similar to a misdemeanor. It covers things like:

• Attempting to cause injury
• Causing minor injuries
• Threatening someone with bodily harm
• Recklessly injuring someone with a deadly weapon

Penalties for simple assault can include:

• Up to 6 months in jail
• Fines up to $1,000
• Mandatory anger management or counseling
• A criminal record

Aggravated assault, on the other hand, is more serious and usually charged as an indictable offense (similar to a felony). You could be charged with aggravated assault if the injury was serious, if a weapon was used, or if the victim was a protected person like a police officer or healthcare worker.

Penalties for aggravated assault can include:

• 18 months to 10 years in prison, depending on the degree of the charge
• Thousands of dollars in fines
• A permanent felony criminal record

Both simple and aggravated assault charges can carry domestic violence consequences.

Additional Penalties in Domestic Violence Cases

When assault is classified as domestic, extra penalties may apply. A temporary restraining order (TRO) can be issued immediately—even without a conviction. If a final restraining order (FRO) is granted, it could:

• Block you from returning home
• Prevent you from contacting your spouse or children
• Take away your right to own firearms
• Show up on background checks

These court orders are taken very seriously in New Jersey, and violating them is a criminal offense.

Why You Need the Right Lawyer

Domestic assault charges can damage your reputation, hurt your career, and change your family life forever. But not all accusations are cut-and-dry. Sometimes, things are blown out of proportion. Sometimes, people are falsely accused. And sometimes, a mistake shouldn’t ruin your life.

This is where Reisig Criminal Defense & DWI Law makes the difference.

Trusted Legal Help from a Firm That Knows New Jersey Courts

With nearly 30 years of experience, Reisig Criminal Defense & DWI Law has defended thousands of people in New Jersey facing serious criminal charges—including domestic violence. Attorney Matthew Reisig knows how to fight for his clients, and he’s deeply familiar with the prosecutors and judges in most New Jersey courts.

That kind of courtroom experience matters. It means your attorney knows how cases are handled in different counties, what strategies are most effective, and how to navigate the system to get the best outcome for you.

Whether you’re dealing with a restraining order, facing jail time, or trying to protect your record, Reisig Criminal Defense & DWI Law will stand by your side. Their firm is known and trusted throughout New Jersey for giving honest advice and building strong, smart defenses.

What To Do If You’ve Been Charged

If you’ve been arrested for domestic assault in New Jersey, do not try to explain your side to police or the alleged victim without a lawyer. Anything you say can and will be used against you.

Instead:

1. Remain calm and stay silent.
2. Contact a skilled criminal defense attorney immediately.
3. Follow all court orders until your case is resolved.

The sooner you get legal help, the better your chances of reducing the charges—or avoiding a conviction altogether.

Final Thoughts

Domestic assault charges are serious, and the penalties in New Jersey can be life-changing. From restraining orders to long jail sentences, the consequences go far beyond the courtroom.

But you don’t have to face it alone. Reisig Criminal Defense & DWI Law has nearly 30 years of experience and a strong reputation across the state. They understand what’s at stake and know how to protect your future.

If you or someone you care about is facing domestic violence charges, reach out to Reisig Criminal Defense today. The right defense can make all the difference.

Yes, New Jersey Rule of Evidence 501(2) specifically exempts a privilege where a spouse in a marriage or a partner in a civil union is the victim of an alleged crime by the other spouse or civil partner.

New Jersey Rule of Evidence 509 would also permit a spouse to testify against another spouse in a Simple Assault or Aggravated Assault proceeding.

If you or a family member needs help with assault, call us at 732-625-9661.