Restraining Order Attorney in New Jersey

If you are facing the restrictions of a restraining order in Freehold, New Jersey, it can be difficult to maintain your relationships with family and friends.

We understand that restraining orders can be confusing and limiting. The Law Office of Jason A. Volet is here to help.

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 New Jersey restraining order lawyer 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.

What is a Restraining Order?

Restraining orders are court orders that aim to prevent communication or connection between two people.
In domestic violence situations, restraining orders are typically requested if one spouse or partner feels threatened by the other.

Unfortunately, sometimes the intense emotions involved in a domestic issue can cause one spouse to wrongfully accuse the other of violating the restraining order, which can lead to serious legal penalties.
It takes very little evidence to have a restraining order issued against you.

• A restraining order seeks to bar someone from having contact with a person and can provide additional types of relief.
• A “temporary” restraining order (TRO) will be in effect until a time can be scheduled for a judge to speak to both parties in the case.
• A “final” restraining order (FRO) is permanently in effect unless a judge grants the victim’s request to vacate the restraining order.

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 New Jersey 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 them.

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 who 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 court 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.

What Are The Penalties for a Restraining Order Violation in New Jersey?

New Jersey domestic violence laws are very specific, and restraining order violations can have severe legal consequences. 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.

A person who is found to be in violation of his or her restraining order is not only subject to penalties associated with that individual act but may also face broader domestic violence penalties, which can be much harsher. Anyone who 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. A new contempt charge will also likely violate the conditions of a person’s bail, meaning they could face additional consequences.

Some possible penalties for restraining order violations include:

• Fines
• Jail time lasting up to 18 months
• Harsher restraining orders in the future

Every sentence is handled individually, and multiple violations will always be taken into account, sometimes making a violator’s punishment more severe.

Contact an Experienced New Jersey Restraining Order Attorney

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, or if you have been accused of violating your New Jersey restraining orders, it is important to have an experienced New Jersey restraining order attorney at your side to provide legal representation.

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. Contact The Law Office of Jason A. Volet today at 732-391-6877 to learn more about how we can help. Our office is located at 28 Court Street, Freehold, NJ 07728

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