New Jersey Restraining Order Lawyer
Restraining orders are issued by the civil courts in New Jersey when a person is facing domestic violence charges or has been accused of domestic violence. It takes very little evidence to have a restraining order issued against you.
Being subjected to a restraining order can be very upsetting and restrict your life and liberty significantly. At the Law Office of Jason A. Volet, we help clients fight against restraining orders and other criminal charges. Our restraining lawyer attorney understands that there are two sides to every story, and we want to tell yours.
If you’ve been subjected to a restraining order in Freehold, NJ, our defense team can review your case in a free consultation. Call us now to get started.
- 1 What is the Difference Between a Restraining Order and a No Contact Order?
- 2 Are There Different Types of Restraining Orders?
- 3 What Happens if a Person Violates a Restraining Order?
- 4 Who Can Seek a Restraining Order in New Jersey?
- 5 What Evidence Do I Need to Get a Restraining Order Lifted?
- 6 Our New Jersey Restraining Order Lawyer Can Help
What is the Difference Between a Restraining Order and a No Contact Order?
Restraining orders and no contact orders are not the same thing. Here’s the difference:
Restraining orders are civil orders that alleged victims file with the family courts after accusing someone of domestic violence. Under the law, domestic violence is considered a single act or a history of physical, verbal, or sexual abuse between two people that have lived together, been involved in a romantic relationship, have children together, or are expecting a child. Once the civil order is filed, a temporary restraining order is issued that prevents the defendant from contacting the plaintiff. Then a hearing is scheduled to determine if the temporary restraining order should be made permanent (a final restraining order).
No contact orders are quite different. No contact orders are typically issued as a condition of bail by a criminal judge. For example, if you are arrested on a charge of domestic violence, you may be allowed out of jail under the promise that you will have “no contact” with the alleged victim. Violating a no contact order can have serious penalties, including having you sent back to jail.
Are There Different Types of Restraining Orders?
New Jersey has two types of restraining orders. The first is a temporary restraining order, which is issued immediately if a judge feels as though it is necessary to protect the safety and well-being of the alleged victim. Temporary restraining orders are typically in effect until the final hearing is held, which is usually 10 days after the temporary order is issued.
Final restraining orders are issued if the judge determines there is reason to maintain the order permanently. Permanent restraining orders do not have an expiration date. They are in effect forever, or until one of the parties petitions the court to change or end it.
What Happens if a Person Violates a Restraining Order?
Restraining orders require the defendant to follow all of the provisions contained within them. Those usually include not contacting the plaintiff in person, over the phone, or through any other means of communication. Certain restraining orders may also prohibit someone from harassing or stalking the family members and friends of the alleged victim or contacting an animal or child that lives in the same household as the alleged victim. Restraining orders also may prohibit someone from owning weapons and firearms.
Anyone that fails to follow the provisions of the order can be found in contempt of court. Under New Jersey law, contempt is a fourth-degree offense when the restraining order was issued due to a charge of domestic violence.
Anyone convicted of contempt for violating a restraining order will face a penalty of up to 18 months in jail. A new contempt charge will also likely violate the conditions of a person’s bail, meaning they could face additional consequences.
Who Can Seek a Restraining Order in New Jersey?
People can request a restraining order from the courts if they accuse a family member of domestic violence. Typically, family members are considered to be:
- A spouse or former spouse
- A member, or former member, of the same household, as long as the person requesting the order is over the age of 18 or is considered an emancipated minor
- Anyone that you have a child with, or are expecting a child with
- Someone you are in a romantic relationship with, or were previously in a romantic relationship with
Individuals that are in a same-sex partnership can also seek restraining orders, as long as they fit into one of the categories above. It is important to understand that even when a person cannot appear in family court to ask for a restraining order, a judge may still issue one. They must have a representative that can speak on their behalf at the hearing.
What Evidence Do I Need to Get a Restraining Order Lifted?
There are instances in which a restraining order can be lifted or removed. The only way to do this is for one party to petition the court and ask for the courts to change the order. Evidence is crucial when filing a motion to get a restraining order lifted. The most important pieces of evidence the court will consider include:
- Certificates of completion from rehabilitation programs, such as anger management classes
- Oral testimony from witnesses or written affidavits from people close to you that can prove your moral character
- Evidence regarding child custody and child visitation, if applicable
- Probation and parole records, if criminal charges are part of the case
Any evidence that shows good behavior, particularly over a long period of time, is most useful when trying to get a restraining order lifted. This can include evidence that you have been complying with the current restraining order.
Our New Jersey Restraining Order Lawyer Can Help
Restraining orders are very restrictive and can prevent you from seeing the people you love most. If you have had a restraining order issued against you, a Freehold restraining order attorney at The Law Office of Jason A. Volet can help. We know what it takes to prevent a temporary restraining order from becoming final and what to do if you’ve been accused of violating a current order.
Get help now by calling our Freehold office at 732-491-8477.