New Jersey has taken a significant step towards protecting victims of domestic violence with a new law that expands the definition of domestic violence to include "coercive control." This means victims experiencing controlling behaviors from a spouse or other domestic partner, even if there isn't physical violence, can now more easily obtain restraining orders.

Coercive control, as defined by N.J.S.A. 2C:25-19,  is a pattern of behavior that unreasonably interferes with a person's free will and personal liberty. This can take many forms, including:

  • Isolation — Cutting the victim off from friends, family, or support systems.

  • Financial control — Depriving the victim of basic necessities or controlling their finances.

  • Monitoring and surveillance — Tracking the victim's movements, communications, and daily activities.

  • Threats and intimidation — Coercing the victim through threats, including those based on immigration status, to do or not do certain things.

  • Verbal abuse — Name-calling, degradation, and frequent humiliation.

  • Threats of harm — Threatening to injure or kill the victim, their children, or loved ones.

  • Threats of exposure — Threatening to reveal private information or report the victim to authorities.

  • Property damage — Damaging the victim's belongings or the home.

  • Forced participation in crime — Compelling the victim to take part in criminal activity.

Previously, people experiencing these controlling behaviors might have struggled to get a restraining order because the law focused primarily on physical violence. This new definition acknowledges the emotional and psychological abuse inherent in coercive control, making it easier for alleged victims to seek protection.

Anyone victimized by an incident or threat of domestic violence can seek police and court protection. By petitioning their municipal court, a victim can seek the following: 

  • Temporary restraining order — A TRO is a temporary order issued quickly, often ex parte (without the alleged abuser present) to protect the victim from immediate harm. To obtain a TRO, the victim must file a petition with the court detailing the abuse they have suffered.

  • Final restraining order — An FRO is a permanent order issued after a court hearing where both parties have the opportunity to present evidence. To obtain an FRO, the victim must attend the hearing and convince the judge that the abuse has occurred and that a restraining order is necessary for their safety.

Not all domestic violence complaints are well founded. A person who faces such accusations is entitled to raise a defense. This can be vital to protect against a loss of custody or visitation rights, financial harm and even criminal charges. An experienced New Jersey family lawyer knows how to oppose and disprove unfounded charges and to prevent their potential negative consequences.

If you are experiencing incidents or threats of domestic violence, or are facing charges, there are resources available to help. The Law Offices of Kelli M. Martone in Haddon Heights can provide legal guidance and support throughout the restraining order process. Call 856-432-4587 or contact me online to schedule a consultation.