CRIMINAL DEFENSE · DOMESTIC VIOLENCE · 24/7 · FREE CONSULTATION

Your Choice for Attorneys in New Jersey if You Have Been Arrested for Domestic Violence

Arrested for domestic violence in New Jersey? Criminal charges are different from restraining orders — and the stakes are much higher. We’re here to defend you, day or night.

973-200-3787 Alan@Kraminskylaw.com Clifton | Fair Lawn | Parsippany

A common misconception about domestic violence is that it only involves restraining orders — civil proceedings in Family Court. That could not be more wrong.

Every single day in New Jersey, individuals are charged with violations of the New Jersey Criminal Code and face domestic violence criminal charges such as simple assault, aggravated assault, stalking, strangulation, burglary, harassment, sexual assault, and more.

Criminal charges can mean jail time, a permanent criminal record, loss of firearm rights, and immigration consequences. A restraining order is a civil matter. A criminal conviction follows you for life.

Meet Alan Kraminsky, Esq.

Alan Kraminsky has over a decade of experience defending individuals charged with domestic violence crimes across New Jersey. He understands that criminal charges carry life-altering consequences — jail, criminal records, loss of employment, and deportation.

Mr. Kraminsky appears regularly in the Central Judicial Processing (CJP) Court, Municipal Courts, and Superior Courts throughout New Jersey. He provides aggressive representation from the moment of arrest — whether you were released on a summons or are sitting in a county jail awaiting a first appearance.

Bar Admissions: New Jersey State Bar | U.S. District Court of New Jersey
Education: J.D., Rutgers Law School
Member: New Jersey State Bar Association — Criminal Law Section

Why Choose Kraminsky Law for Your Domestic Violence Criminal Defense

Experienced Criminal Defense We don’t just handle restraining orders — we defend criminal charges in Municipal, Superior, and CJP courts across New Jersey.

Immediate Action for Warrants If you’re arrested on a warrant, time is critical. We can appear at your first appearance and fight for release conditions.

Understanding Both Sides DV criminal charges often come with a parallel restraining order case. We handle both strategically.

24/7 Availability Arrests happen at any hour. We’re available when you need us — including nights and weekends.

Aggressive Trial Advocacy We don’t just plead cases. We prepare for trial and challenge evidence, witness credibility, and police procedure.

Collateral Consequences Expertise We protect your job, housing, firearm rights, and immigration status — not just your criminal record.

The Arrest Process for Domestic Violence Criminal Charges

If you have been arrested for a domestic violence criminal charge in New Jersey, you may be charged on a summons complaint or a warrant complaint.

Summons Complaint

You will be issued a summons and given a court date in the Superior Court or a local Municipal Court. You are released without being jailed.

Warrant Complaint

You must surrender to local police or face arrest. You will be booked, processed, and temporarily jailed until your first appearance before a Superior Court Judge in Central Judicial Processing (CJP) Court.

If you are arrested on a warrant: You will appear remotely for your CJP proceeding from a county jail. It is extremely important that you or a family member retain an experienced domestic violence criminal defense attorney right away to protect your rights and interests — before you speak to anyone.

How Are Domestic Violence Criminal Charges Different From Restraining Orders?

Criminal Charges

Where: Municipal Court or Superior Court (Criminal Part)
Burden of Proof: Beyond a reasonable doubt (highest standard)
Consequences: Jail, prison, criminal record, fines, loss of rights

Restraining Order (FRO/TRO)

Where: Superior Court, Family Part
Burden of Proof: Preponderance of the evidence (lower standard)
Consequences: Loss of firearm rights, housing, custody — but no criminal record

Key takeaway: You can be acquitted of criminal charges but still have a Final Restraining Order entered against you — or vice versa. Each case requires a separate defense strategy.

Examples of Domestic Violence Crimes in New Jersey

Under the New Jersey Prevention of Domestic Violence Act (NJPDVA), the following criminal charges can arise from domestic violence allegations:

• Homicide (2C:11-1) • Assault (2C:12-1) • Aggravated Assault (2C:12-1b) • Terroristic Threats (2C:12-3) • Kidnapping (2C:13-1) • Criminal Restraint (2C:13-2) • False Imprisonment (2C:13-3) • Sexual Assault (2C:14-2) • Criminal Sexual Contact (2C:14-3) • Lewdness (2C:14-4) • Criminal Mischief (2C:17-3) • Burglary (2C:18-2) • Criminal Trespass (2C:18-3) • Harassment (2C:33-4) • Stalking (2C:12-10) • Criminal Coercion (2C:13-5) • Robbery (2C:15-1) • Contempt of DV Order (2C:29-9) • Cyber Harassment (2C:33-4.1) • Strangulation (2C:12-1b)

Many of these charges range from disorderly persons offenses to second-degree indictable crimes — with prison sentences up to 10 years.

Potential Penalties for Domestic Violence Criminal Charges

Degree of Crime & Maximum Penalties in New Jersey:

Disorderly Persons Offense — Up to 6 months in county jail, fines up to $1,000
Fourth Degree Crime — Up to 18 months in prison, fines up to $10,000
Third Degree Crime — 3 to 5 years in prison, fines up to $15,000
Second Degree Crime — 5 to 10 years in prison (85% under NERA), fines up to $150,000
First Degree Crime — 10 to 20 years in prison, fines up to $200,000

In addition to jail or prison, a domestic violence conviction can result in:

Permanent criminal record (cannot be expunged for most DV offenses under NJ’s expungement law)
Loss of firearm rights (permanent under federal and state law)
Mandatory batterer’s intervention program
No-contact orders (can prevent you from seeing your children)
Immigration consequences (deportation, inadmissibility, denial of naturalization)
Loss of professional licenses (nursing, teaching, real estate, security, law enforcement)

Frequently Asked Questions

Q: I was arrested but not served with a restraining order. Do I still need a lawyer?

A: Yes. A criminal charge for domestic violence is separate from a restraining order. You face potential jail time, a criminal record, and collateral consequences even without a TRO. Do not wait.

Q: What is CJP (Central Judicial Processing) Court?

A: CJP is where defendants arrested on a warrant appear before a Superior Court Judge (usually remotely from jail). The judge decides bail, release conditions, and whether a no-contact order applies. Having an attorney at your first appearance is critical.

Q: Will I be held in jail before my trial?

A: It depends on the charge, your criminal history, and risk factors. New Jersey’s Criminal Justice Reform Act (CJRA) presumes release for most non-violent offenses, but serious DV charges (strangulation, weapons, significant injury) can result in pretrial detention. We fight for your release.

Q: Can I still see my children if I’m charged with domestic violence?

A: Possibly, but a criminal no-contact order or restraining order may limit or prohibit parenting time. We can request exceptions for child-related contact and work to restore visitation rights.

Q: Will a domestic violence conviction be expunged?

A: Under New Jersey’s expungement law (N.J.S.A. 2C:52-2), most domestic violence convictions are not eligible for expungement — ever. This includes assault, harassment, stalking, and contempt of a DV order. That’s why fighting the charge is critical.

Q: What if the alleged victim wants to drop the charges?

A: The State (prosecutor) decides whether to proceed — not the victim. The victim can express a desire not to cooperate, but the prosecutor may still pursue the case using police reports, body cam footage, or other evidence. We can still use the victim’s statements to weaken the prosecution’s case.

Facing Domestic Violence Criminal Charges? Call Now — Free Consultation

If you or a loved one has been arrested for domestic violence, time is critical. The sooner you have legal representation, the better your chances of a favorable outcome.

Call 973-200-3787 Now (24/7)

or email Alan@Kraminskylaw.com for a free, confidential, no-obligation case review.

Evening, weekend, and remote consultations available. We answer calls 24/7.

Office Locations — Serving All of New Jersey

We represent clients in Municipal Courts, Superior Courts, and CJP Courts across Passaic, Bergen, Morris, Essex, Hudson, and all New Jersey counties.

Clifton (Main Office)
1037 Route 46, Suite G5
Clifton, NJ 07013

Fair Lawn
14-25 Plaza Road
Fair Lawn, NJ 07410

Parsippany
1719 Route 10, Suite 224
Parsippany, NJ 07054

Phone: 973-200-3787 | Email: Alan@Kraminskylaw.com

Kraminsky Law, LLC — Aggressive Domestic Violence Criminal Defense

If you’ve been arrested, don’t speak to police without an attorney. Call us first. We fight for your rights, your freedom, and your future.

NJ Domestic Violence Criminal Defense Attorney | Arrested for DV? | Kraminsky Law