Restraining orders and no contact orders are two types of court-imposed prohibitions that are sometimes confused. Generally speaking, a no-contact order is associated with criminal charges. The court may wish to keep the alleged perpetrator from having any contact or communication with the alleged victim and impose a no-contact order. A restraining order is a civil action related to threats of domestic violence. A temporary or final restraining order can impose several restrictions beyond avoiding contact with the complainant.
If you are under either type of court-ordered restriction, it is important to follow the rules and conditions imposed by the court. A violation of a court order could land you in prison. If you do not understand the restrictions imposed on you or have been accused of a violation, The Law Office of Jason A. Volet is here to help.
As part of our legal defense services, New Jersey defense attorney Jason Volet helps individuals avoid, eliminate or limit unwarranted restrictions imposed by restraining orders and no-contact orders. We can explain your rights, and help you fight false accusations so that you can get on with your life.
What Does a No Contact Order Mean in New Jersey?
A no-contact order is typically issued as a condition of release after an arrest on criminal charges, such as a condition of bail. It is designed to ensure an alleged victim’s safety after the alleged perpetrator of a crime against them has been released pending a trial or some other resolution of the criminal charges.
A no-contact order prohibits a defendant from being in contact with the petitioner, either in person, verbally, or in writing, including via any type of online media such as email, social media, texting, or a through a third party. The order will specify how long the order will remain in place and how far the individuals must stay away from one another. When a no-contact order is set to expire, the petitioner may ask the judge to extend it.
If there is contact between the parties to a no-contact order, the defendant may be punished for contempt, regardless of who initiates contact. Punishment could be six to 18 months in jail depending on the nature of the violation.
What Is a Restraining Order in New Jersey?
Restraining orders are court orders that prohibit communication or contact between two people. They are typically sought by someone who feels threatened by a spouse or partner. A restraining order also may be requested by police who respond to a domestic violence complaint.
It is rare for a court to turn down a request for a temporary restraining order (TRO) from a law enforcement officer or from an alleged victim of domestic violence. If the judge finds that the petitioner or a police officer has presented credible evidence that the defendant committed or threatened an act of domestic violence, the judge will issue a TRO.
What Is The Difference Between a Temporary Restraining Order and a Final Restraining Order?
A temporary restraining order (TRO) temporarily bars the defendant from contacting or harming the petitioner. A TRO stays in effect until a hearing for a final restraining order is held, usually within 10 days.
A final restraining order (FRO) stays in effect permanently unless a judge grants the petitioner’s request to lift the order.
A restraining order may impose additional requirements on the defendant, such as to:
- Relinquish exclusive possession of the couple’s residence to the petitioner
- Relinquish temporary custody of children to the petitioner
- Pay the petitioner temporary child support
- Avoid returning to the scene of the alleged violence or other locations, such as the petitioner’s home or workplace
- Reimburse the petitioner for medical expenses incurred to treat injuries blamed on the defendant
- Relinquish possession of a firearm or weapon
Violating the requirements of a restraining order is considered contempt of court and is punishable by up to 18 months in prison. Further, a substantial violation of a TRO or any violation reported to the court as violent or threatening makes it very likely that the FRO will be granted.
How Can a Criminal Defense Attorney Help You?
A criminal defense attorney can work to keep a final restraining order from being imposed on you or to have a no-contact order vacated. In essence, what is necessary is to convince the judge that the restrictions on your actions are unnecessary. This may be accomplished by expressions of remorse for past actions or by demonstrating a lack of violent intent in previous incidents.
If you have been accused of violating a no-contact order or a restraining order, you have a legal right to be considered innocent unless the prosecutor can prove your guilt beyond a reasonable doubt.
Defense attorney Jason A. Volet can make sure your side of the story is heard and considered by the court if you have been accused of domestic violence, face a final restraining order hearing, or if you have been accused of violating a TRO, FRO, or no-contact order. He can also question witnesses and evidence against you to make sure the judge has all the facts before making a decision.
If you face jail time in a domestic violence dispute or for another criminal offense, it is important to have an experienced New Jersey criminal defense attorney at your side to provide legal representation. Don’t wait to seek legal guidance about your situation. Contact The Law Office of Jason A. Volet today at 732-491-8477 to learn more about how we can help you fight the accusations against you. Our office is located at 28 Court Street, Freehold, NJ 07728
