Lewdness Act of Domestic Violence NJ

Handling Lewdness Criminal Charges and Restraining Order Cases in New Jersey

Lewdness is another potential predicate act of domestic violence in NJ. It involves a lewd or offensive act of exposing yourself to another. This is rare but does come up occasionally in the context of a domestic violence restraining order.

If you or a loved one has a restraining order case in New Jersey and are in need of legal assistance, the Tormey Law Firm LLC can help. Our experienced restraining order attorneys have handled these types of cases in practically every county in the State of NJ. As a result, our lawyers are ready and able to assist you with your restraining order case immediately. Contact our offices anytime for a free initial consultation at (908)-336-5008.

Travis J. Tormey has been cited in numerous publications including the Star Ledger, Daily Record, Bergen Record, Asbury Park Press and AOL News. He has also appeared as a legal resource on CBS radio with regards to domestic violence in New Jersey. Mr. Tormey has received numerous awards from the American Trial Lawyers Association and the National Association of Criminal Defense Attorneys. He also received the clients choice awards from Avvo.com in ’13, ’14’, ’15, and ’16 and is a 10.0 rating. Our restraining order lawyers handle cases throughout New Jersey including in Elizabeth, New Brunswick, Somerville, Toms River, and Paterson. Contact our offices now for immediate assistance at (908)-336-5008. The initial consultation is always provided at absolutely no cost to you.

Here is a review from one of the many satisfied clients of the Tormey Law Firm:

Predicate Acts of Domestic Violence in NJ: Lewdness

Lewdness is governed by the New Jersey criminal code under N.J.S.A. 2C:14-4, which provides in pertinent part:

1. A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects if likely to be observed by other non-consenting persons who would be affronted or alarmed.
2. A person commits a crime of the fourth degree if:
   1. He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child.
   2. He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor’s conduct.

Proving Lewdness at a Restraining Order Trial NJ

In order to establish lewdness as a predicate act of domestic violence in a NJ restraining order case, the plaintiff must show that either sections (1) or (2) were violated above. Lewdness essentially requires the intentional exposure of private parts likely to be viewed by other non-consenting persons.

NOTE: If an act is done in private and is not likely to be viewed by other non-consenting persons then that is a defense to a lewdness allegation.

NOTE: It is also important to remember that, although lewdness is a criminal charge and we use the criminal statute under N.J.S.A. 2C:14-4, the plaintiff must only establish the civil standard of “preponderance of evidence” in a restraining order case because a restraining order is civil in nature. Preponderance of evidence is a “more likely than not” standard so the plaintiff must establish 51% that the offense was committed and that is sufficient in a civil case.

Frequently Asked Questions (FAQ) Regarding Lewdness and Restraining Orders in NJ

FAQ: Is a lewdness criminal charge different from a restraining order? Yes, if you were arrested and charged with lewdness that is a criminal charge which is separate and apart from a restraining order cases. These 2 cases will be handled in different courts and are completely independent of each other.

FAQ: Is lewdness a predicate act of domestic violence in NJ? Yes, lewdness is one of the potential predicate acts of domestic violence in NJ which a victim can rely on to obtain a temporary restraining order (TRO).

FAQ: How can a victim prove lewdness? Testimony, pictures, video evidence, witnesses.

FAQ: If lewdness is proven with the Plaintiff get a restraining order? Not necessarily, they must also prove a prior history of domestic violence and the need for the protection that a restraining order provides.

For additional assistance regarding your restraining order case in NJ, contact the Tormey Law Firm directly at (908)-336-5008. The initial consultation is always provided free of charge.