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What Is The Penalty For Domestic Assault In New Jersey?

June 17, 2025 by Mathew Reisig

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 Is The Penalty For Domestic Assault In New Jersey?

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.

Filed Under: Domestic Violence Assault & Battery

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* The reference to 1,389 cases without a DWI conviction applies to cases prior to November 1, 2017. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.

** 82% Winning Percentage at Trial is from 2012 through 2017.