Terroristic Threats as Domestic Violence in NJ

Predicate Acts of Domestic Violence – Terroristic Threats

One of the potential predicate acts of domestic violence in New Jersey is terroristic threats. Terroristic threats is a criminal charge in New Jersey and it also is a basis for a restraining order as a predicate act of domestic violence in a temporary restraining order filing. Terroristic threats involves threatening another with an act of violence with the purpose of terrorizing and alarming them.

The restraining order defense lawyers at the Tormey Law Firm LLC have successfully handled restraining order cases in practically every county in New Jersey. In fact, Mr. Tormey has been recognized as a top trial lawyer under 40 years of ago by the National Trial Lawyers Association and by the National Association of Criminal Defense Lawyers. In addition, Mr. Tormey has been cited by numerous publications as a legal resource on domestic violence including appearing on CBS Radio concerning the Ray Rice aggravated assault domestic violence case in New Jersey. If you or a loved one is in need of legal assistance regarding a restraining order matter in NJ, you’ve come to the right place. Contact our offices anytime for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge. We represent clients throughout NJ including in Montclair, Irvington, Cedar Grove, West Orange, and Bloomfield.

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

Great Lawyer – 5 stars

“Great help who made me feel welcome and informed the whole way. Got me the result I wanted and then exceeded expectations. Smooth process and would recommend.”

Predicate Acts of Domestic Violence in New Jersey: Terroristic Threats

In order to establish a predicate act of domestic violence of terroristic threats, the plaintiff must show a violation of N.J.S.A. 2C:12-3 which provides in pertinent part:

a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.

b. A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.

NOTE:  In the domestic violence context, courts can consider any past history of abuse as a part of a complainant’s individual circumstances in determining whether a reasonable person in those circumstances would have believed the threats at issue. See Cesare v. Cesare, 154 N.J. 394 (1998).

Proving Terroristic Threats at a Restraining Order Trial

In order to prove terroristic threats as a predicate act of domestic violence in NJ, the plaintiff must show that either subsection (a) or (b)  was violated above. Therefore, terroristic threats can be based on actual physical violence or the threat thereof.

NOTE: It is important to remember that, although terroristic threats is a criminal charge and we use the criminal statute under N.J.S.A. 2C:12-3, the plaintiff must only establish the civil standard of a “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.

Criminal Charges for Terroristic Threats

If you were arrested and charged with terroristic threats in addition to being served with a terroristic threats restraining order, this is a felony criminal charge which will be prosecuted by the County Prosecutor’s Office in the county in which you were charges. Most terroristic threats cases are graded as 3rd degree felonies which is punishable by 3-5 years in prison if convicted. In addition, you could be subject to probation, a $15,000 fine, and a permanent felony charge on your record if convicted.

If you have no prior criminal history, you may be eligible for the Pre-Trial Intervention (PTI) program which allows the charges to be suspended and dismissed if you successfully complete probation. You can only use this program one time in your life.

Frequently Asked Questions (FAQ) Regarding Terroristic Threats Domestic Violence in NJ

FAQ: I was arrested for terroristic threats, is this different than a restraining order?

Yes, if you were arrested for terroristic threats this is a felony criminal charge that will be prosecuted in the criminal division by the County Prosecutor’s office.

FAQ: If the plaintiff establishes terroristic threats, will they get a final restraining order (FRO)?

Not necessarily. In addition to showing that there was a predicate act of domestic violence (terroristic threats), they must also show a prior history of domestic violence and that they need the protection of the restraining order for their safety. 

FAQ: Are there public defenders for restraining order trials?

No, because this is not a criminal case, you can represent yourself or hire an attorney to represent you.

For more information, contact the restraining order defense lawyers at the Tormey Law Firm LLC for a free initial consultation at (908)-336-5008.