NJ Domestic Violence Defense Lawyer
You got a call. Police are at your house. Your spouse said something. Before you understand what's happening, you're being arrested - because in New Jersey, if police respond to a domestic violence call and see any sign of injury, they MUST arrest. No discretion. No conversation. No chance to explain.
And while you're sitting in a holding cell, a judge is issuing a Temporary Restraining Order against you - ex parte. That means without you present. Without you having any chance to respond. You won't find out until the police serve you. By then, you're already locked out of your own home.
Welcome to Spodek Law Group. We handle domestic violence defense in New Jersey - the criminal charges, the restraining orders, and the strategy that protects what you have left. This article explains exactly what you're facing and why the next few days matter more than you think.
In New Jersey, the accusation IS the punishment. Before you're convicted of anything - before you've even had a hearing - you've already lost your home, your gun rights, and possibly your access to your children. The system acts first and asks questions later. By the time you get to "prove your innocence," you've already lost everything that matters.
The Accusation Is the Punishment
New Jersey has a mandatory arrest policy. Under N.J.S.A. 2C:25-21, if police respond to a domestic violence call and the alleged victim exhibits any sign of injury, the officer MUST arrest. If theres probable cause to believe a no-contact order was violated, the officer MUST arrest. The officer doesn't get to decide. Neither does the alleged victim. Once police are called, the machine starts moving.
According to the New Jersey State Police 2023 Domestic Violence Report, 70,828 domestic violence incidents were reported in New Jersey in 2023. Thats a 15% increase from 61,659 incidents less than ten years earlier. 57 domestic violence-related homicides. 21% of incidents involved alcohol or drugs. This is the 41st Annual Report on domestic violence in New Jersey. The system is massive - and your now part of it.
While your sitting in custody, the alleged victim can go to Family Court and file for a Temporary Restraining Order. The judge can issue it "ex parte" - meaning based only on what the accuser says, without giving you notice, without you being in court. In emergencies, an on-call judge can issue a TRO at any hour. Weekends. Holidays. 2am. You find out when your served.
That TRO can remove you from your own home. It can prohibit you from seeing your children. It can ban you from possesing any firearms. All of this happens BEFORE youve been convicted of anything - before youve even had a chance to tell your side. The TRO lasts until the Final Restraining Order hearing, which happens within 10 days. You dont get months to prepare. You get days.
Most people dont understand this until its happening to them. They assume "innocent until proven guilty" means something. In New Jersey domestic violence cases, the consequences hit immediatley. The presumption of innocence dosent stop the restraining order, the arrest, or the firearms seizure. The system is designed to protect alleged victims first and sort out the truth later.
What You Lose Before You've Been Convicted
The criminal charge is just one part. The real devastation comes from collateral consequences that trigger immediately - consequences that can follow you for life even if the criminal charges are eventaully dismissed.
When police respond to a domestic violence call in New Jersey, they must seize any firearms they "reasonably believe" would expose the victim to risk. They also seize your Firearms Purchaser Identification Card and any permits. Those weapons go directly to the Prosecutor's Office. The Prosecutor has 45 days to decide whether to file a forfeiture action. You dont get them back automaticaly. You have to fight.
Heres the trap most people miss. Under N.J.S.A. 2C:58-3c(8), anyone whose firearm has been seized is immediatley disqualified from obtaining or retaining a firearms purchaser ID card. That disqualification continues until the firearm is returned. If its never returned - and in many cases it isnt - the disqualification is PERMANENT. One accusation becomes a lifetime gun ban. Not a conviction. An accusation.
A Final Restraining Order in New Jersey has no end date. It lasts forever. Unlike other states where restraining orders expire after a year or two, New Jersey's FRO is permanent - it stays in effect until one party files a motion asking a judge to end it AND the judge agrees. When a FRO is entered, you get fingerprinted, photographed, and placed on the state and national Domestic Violence Registry. A "civil" order that follows you for life. Your employer can find it. Future employers can find it. Its permanant.
Law enforcement careers - over. Security jobs - over. Healthcare positions requiring clearance - at risk. Military service - jeopordized. Education roles - questioned. The FRO appears in thorough background checks that search the domestic violence registry. Your listed permanently. Employers in sensitive industries will find it. The accusation follows you into every job application.
Simple assault is a Disorderly Persons Offense. Maximum six months in county jail. $1,000 fine. Sounds minor. But as a predicate act of domestic violence, it triggers: permanent gun ban, Domestic Violence Registry listing, potential FRO that never expires, and career destruction for anyone needing security clearance. The "minor" charge creates lifetime consequences that far exceed the criminal penalty.
The Two Battles You're Fighting Simultaneously
Most people think theres one case. Theres not. Your fighting two battles at the same time - and they operate on completley different rules.
The criminal case happens in Municipal Court (for disorderly persons offenses like simple assault) or Superior Court (for indictable offenses like aggravated assault). The prosecution must prove guilt beyond a reasonable doubt. You have a right to a jury trial for indictable offenses. This case can take months. You have time to prepare. You have constitutional protections.
The restraining order case happens in Family Court. The standard of proof is "preponderance of the evidence" - basically, more likely then not. Theres no jury. The FRO hearing happens within 10 days of the TRO. This case moves fast. The alleged victim can testify. You can testify. The judge decides the same day. If you lose, the FRO is permanant.
Heres the problem. What you say in one proceeding can affect the other. The timelines dont match. You might need to make a statement in the FRO hearing before you know what evidence the prosecution has in the criminal case. This requires careful strategy - and its why you need a lawyer whos handling BOTH battles, not just one.
What a Defense Lawyer Actually Does in These Cases
Once the accusation is made, the question becomes damage control. What can still be protected? What consequences can still be avoided? Todd Spodek has handled domestic violence cases throughout New Jersey - and the strategy changes depending on where you are in the process.
If the accusation is false - and many are - we investigate. We look for inconsistencies in the alleged victim's story. We examine whether statements made are plausible. We identify witnesses. We look at motivations - custody disputes, divorce proceedings, immigration situations. The New Jersey Domestic Violence Act has been described as "often used as a sword instead of a protective shield." False accusations happen. We find them.
If you acted in self-defense or defense of your children, we build that defense. If the injury was accidental, we document it. If police failed to follow proper arrest procedures, investigation protocols, or interrogation rules, we challenge the evidence. Pre-trial motions can suppress evidence or dismiss charges entirely.
At the FRO hearing, we present your side. We cross-examine the alleged victim. We challenge their credibility. We present evidence and witnesses. Winning this hearing means no permanent restraining order - and potentially getting firearms returned, being able to return home, and clearing your name from the registry.
We understand what's at stake. Your home. Your family. Your career. Your gun rights. Your reputation. We've seen how these cases destroy lives when handled wrong - and how much can be saved when handled right.
When Your Ready
If your facing domestic violence charges in New Jersey - or if you've just been served with a TRO - call Spodek Law Group. The FRO hearing happens within 10 days. Every day without counsel is a day you're not building your defense.
Call us at 212-300-5196. The consultation is free. Theirs no obligation. What you get is an honest assessment of where you stand, what can still be protected, and what the realistic outcomes look like. We're here when you need us.
