When Police Are Called To A House
N.J.S.A. 2C:25-21 — arrest required where there is injury, a warrant, an order violation, or a weapon
When arrest is required. Where an officer finds probable cause that domestic violence occurred, the officer arrests the alleged attacker and signs a complaint if the victim exhibits signs of injury, a warrant is in effect, a served order appears to have been violated, or a weapon was involved.
Otherwise, it may. Where none of those conditions applies, an officer may arrest, sign a complaint, or both, on probable cause.
Injury and self defense. Exhibits is construed liberally to include physical pain or impairment. Where both parties show injury, the officer considers the extent of the injuries and any history between them. No victim is arrested or charged for using reasonable force in self defense against domestic violence.
The offenses themselves, protective orders, and release conditions are set out in other sections that are not on this page. What happens in a particular case is a question for a licensed New Jersey attorney.
Sources for this section (1)
- N.J.S.A. 2C:25-21 — Arrest of the alleged attacker, and seizure of weapons
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.