The term "Domestic Violence" usually images a person who physically assaults his or her partner. Physical assault, however, is only one way to commit the offense of domestic violence in New Jersey.

The Domestic Violence statute can also be violated by the seemingly innocuous offense of harassment which can come in many ways---and easily entrap a spouse. For example, under the harassment statute 2C: 33-4 the use of "offensively course language or by any other means likely to cause annoyance or alarm" can violate the law.  This language covers: cursing, insulting or screaming at the other spouse.

What distinguishes very normal interaction between partners from the offense of harassment is that, to commit harassment, the actor must act with an intent and purpose to harass or annoy the other. Under the law, intent to harass can be proved by alleging conduct of the defendant that occured years before that has nothing to do with why the complaint was filed in the first place. For example, "He or she always cursed at me and verbally abused me before and that is why I know that this time he or she did it with the intent to do it again."

Judges are instructed to seriously consider past conduct of the defendant in finding harassment. Here is the take-a-way: If you are a defendant charged with harassment, be prepared to rebut any argument that uses past conduct to prove the offense of harassment. The ability to do this can easily mean the difference between guilt or innocence.