By Keith G. Oliver, Keith Oliver Criminal Law | Updated November 2026
A domestic violence accusation in Hamilton Township moves fast. Within hours of a police call you can be arrested, removed from your home, ordered to stay away from your children and required to surrender your firearms. Within days you may face both a criminal charge and a restraining order hearing, two separate cases that run on separate tracks. Decisions you make in the first week can shape the outcome of both.
Keith Oliver Criminal Law defends people accused of domestic violence in Hamilton and throughout Mercer County. Our Mercer County office is at 100 Horizon Center Boulevard in Hamilton. Call (609) 789-0779 any time, day or night.
What Domestic Violence Means Under New Jersey Law
New Jersey’s Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 and following, does not create a single crime called “domestic violence.” Instead, it applies when certain offenses are committed against a protected person, such as a spouse, former spouse, dating partner, household member or someone with whom you have a child. The most common underlying charges are:
- Harassment
- Simple or aggravated assault
- Terroristic threats
- Stalking
- Strangulation, which New Jersey treats as a serious form of aggravated assault
- Criminal mischief, such as damaging a phone or property
Two Cases at Once: The Criminal Charge and the Restraining Order
A Hamilton domestic violence incident often creates two cases:
- The criminal case. Lesser charges such as harassment or simple assault are heard in Hamilton Municipal Court at 1270 Whitehorse-Mercerville Road. Indictable charges such as aggravated assault or strangulation go to the Mercer County Prosecutor’s Office and the Superior Court in Trenton.
- The restraining order case. This is a civil case in the Family Part at the Mercer County Civil Courthouse, 175 South Broad Street, Trenton. It can go forward even if the criminal charge is dropped, and it uses a lower standard of proof.
What you say in one case can be used in the other. We coordinate the defense of both from the start.
How a Restraining Order Case Moves
After a complaint, a judge can issue a temporary restraining order without hearing from you. Outside court hours, that is often done by phone through the Hamilton police. The final restraining order hearing is usually scheduled within about 10 days. A final order has no expiration date. It bars you from owning firearms and can affect where you live, your parenting time and your job. Our guide on how to avoid a final restraining order explains your options.
What Happens After a Domestic Violence Arrest in Hamilton
- Arrest. Police must arrest when there are signs of injury or when a restraining order has been violated, among other situations. They can also seize weapons and firearms permits.
- Jail and release. If you are held, you will see a judge at a first appearance, usually within 48 hours. Release conditions almost always include no contact with the alleged victim.
- No-contact rules. Breaking a no-contact condition or a restraining order, even with a friendly text, is a new charge called contempt. See violating a restraining order.
- Firearms. Weapons seized by police are not automatically returned. The prosecutor can move to keep them.
How We Defend Hamilton Domestic Violence Cases
Many domestic violence cases come down to one person’s word against another’s, often during a breakup, divorce or custody dispute. We focus on the evidence that tests the accusation:
- Text messages, social media and call logs that show what really happened
- Body camera footage and 911 recordings from the Hamilton police response
- Medical records and photos, or the absence of injuries
- Witnesses, including neighbors and family members
- Motives to fabricate, such as leverage in a custody or divorce case
We prepare for the final restraining order hearing as if it were a trial, because in many ways it is. For the criminal charge, we look for weaknesses in the State’s case and, where appropriate, negotiate a resolution that protects your record and your rights.
Related Hamilton and Mercer County Pages
See our pages on Hamilton simple assault, Hamilton assault, Mercer County domestic violence, vacating a final restraining order and our Hamilton Municipal Court guide.
Frequently Asked Questions
Can the alleged victim drop the charges?
No. Once a complaint is filed, the decision belongs to the prosecutor. The alleged victim’s wishes matter, but the State can continue the case. The person who obtained a restraining order can ask to dismiss it, but the judge must approve.
Can I go home after a domestic violence arrest?
Not if a temporary restraining order or a no-contact condition bars you from the residence. Arrange to pick up belongings through the police, never on your own.
Will a restraining order show up on a background check?
A final restraining order is entered into a statewide domestic violence registry. It is not a criminal conviction, but it can be seen in some background checks, including for firearms and certain jobs.
Should I talk to the police or the other person to explain?
No. Do not contact the other person, and do not give a statement to police without a lawyer. Well-meant explanations are often used as evidence.
Talk With a Hamilton Domestic Violence Lawyer
Call Keith Oliver Criminal Law at (609) 789-0779 as soon as possible after an arrest or after being served with a restraining order. Return to our Mercer County criminal defense page for information on other charges.