Need a No-Contact Order Lawyer in New Jersey?

In order to navigate legal protections against domestic violence or harassment, it is crucial to understand the distinctions between restraining orders and no-contact orders. A restraining order is generally more severe than a no-contact order, limiting more than just contact. However, the differences between what each order entails are more complicated than that. 

In any protective order situation, an experienced attorney at Rosenblum Law can explain each type of order and offer guidance tailored to your specific needs. This article explores the basics between restraining orders (also called orders of protection) and no-contact orders, the role of each order, the next steps for victims, and what to consider if you are served either protective order. 

What is a Restraining Order?

A restraining order is a court-ordered ban on any contact between the respondent and the petitioner after an offense has already occurred. The purpose of the order is to protect the respondent from any further harm. 

A domestic violence restraining order is a restraining order in the case of domestic violence. Any adult or emancipated minor can file for a domestic violence restraining order, provided that they and the respondent are or were married, are living together or dating, or had a child together, and can prove to the judge that they’ve experienced abuse and need a court order to guarantee their safety. 

Another common situation in which a restraining order is issued is in a case of alleged sexual assault. Unlike a domestic violence restraining order, which is filed in the family court system, a sexual assault restraining order is filed with the civil court, and the petitioner can file without having any sort of relationship with the respondent. 

No matter the circumstances, there are two basic types of restraining orders. A temporary restraining order (TRO) goes into effect if the judge decides that the evidence presented by the petitioner at the time of filing is valid. 

The TRO will be in place until the hearing, where the judge will hear both parties and decide whether to lift the TRO, continue it for an additional specified period, or issue a final restraining order (FRO). A FRO is in permanent effect unless either party files a motion for an appeal or requests a modification that a judge approves. Once an FRO is issued, the respondent (the subject of the order) will be prohibited from contacting the petitioner (the person requesting the order), in person or online. It is also common for the respondent to be excluded from the petitioner’s home, school, or workplace. Additionally, the respondent will have to pay a fine and submit their fingerprints and photo to the New Jersey database. The order may also impose additional restrictions and requirements on the respondent, such as:

• Requiring the respondent to attend sessions with a therapist or counselor
• Seizing the respondent’s firearms and prohibiting them from buying, possessing, or using firearms or other especially dangerous weapons
• Ordering the respondent to pay the costs incurred by the petitioner in pursuing the order
• Ordering the respondent to give up possession of a pet to the petitioner

The order also may include provisions for establishing or maintaining visitation rights and child support or custody arrangements.

How is a No-Contact Order Different from a Restraining Order?

Similar to a restraining order, a no-contact order forbids contact between the respondent and the petitioner. However, a no-contact order is related to criminal charges and is usually a bail condition. 

A no-contact order can be filed if there is valid cause to think that the petitioner may need protection from the respondent. For example:

• A victim testifying against a criminal in court would most likely file a no-contact order to last through the trial and possibly afterward. 
• When someone is arrested for a violent crime such as assault, they may be subject to a no-contact order.
• One of the conditions of release on bail would be agreeing to have no contact with the victim. 

A judge will rarely order no contact if there aren’t criminal charges filed or in process. Unlike a restraining order, a no-contact order can be implemented even if there is no relation between the victim and the criminal and there are no grounds for a sexual assault restraining order.Understanding the situations where each type of protective order should be filed is crucial to navigating the legal process swiftly and safely. Speak to an attorney for additional information and legal guidance. 

How to Obtain a Restraining Order 

Filing for a Restraining Order 

To file for any kind of restraining order, there must be proof that violence or abuse has occurred. There must be a relationship between the parties in a domestic violence restraining order and proof of sexual abuse or assault in a sexual assault restraining order. 

To file a restraining order, the petitioner must be an adult or an emancipated minor residing in New Jersey. They would take the following steps.

Apply for a Temporary Restraining Order 

To file for a TRO, one must fill out a petition at the Family Division Office of the Superior Court or the police station where either party lives, or where the domestic violence occurred. A judge or hearing officer will be contacted to determine if there is a valid cause for a TRO. If a TRO is granted, both parties will be given a copy, and a court hearing will be scheduled within ten days. 

Attend the Final Restraining Order hearing

The petitioner must attend the FRO hearing where the other party will likely be present and may have legal representation. However, as long as the other party has received the order, the judge can proceed with the hearing regardless of whether the other party is present. The court will hear both sides and make a decision, which may include provisions for protection, child care, support, visitation, and other related issues.

How to Obtain a No-Contact Order

Someone can file for a no-contact order in New Jersey, if they are an adult or emancipated minor living in New Jersey and feel they are in danger. Usually, this is someone who has been a victim of physical, verbal, or emotional abuse. This applies to stalking victims as well. 

To obtain a no-contact order:

File a claim

 In most cases, no-contact orders in New Jersey are not traditionally “filed” or filed separately, but rather issued as a part of a criminal proceeding. No-contact orders are often requested by prosecutors or issued by a judge as a condition of the other party’s bail or sentencing.

Attend an emergency hearing

The petitioner may have to petition for an emergency hearing. At the hearing, the court will hear the petitioner’s reasons for requesting the no-contact order and will usually grant a temporary no-contact order. It goes into effect as soon as the other party has been served the order. A full hearing will be scheduled within 30 days.

Attend the full hearing 

It will run much like a restraining order hearing, where both parties can hire legal representation, and the judge listens to both sides before making a final decision. The judges will decide if the no-contact order should stay in place, and for how long. 

No-contact orders are generally only lifted if the defendant that the order is against is acquitted or they complete the term of their sentence. The petitioner may opt to file for a restraining order once the no-contact order is lifted.

What to Do if You Receive a Restraining Order or No Contact Order

If you’ve been served with a restraining order or a no-contact order, it is crucial to read it carefully to understand all terms, conditions, restrictions, and required actions. Comply with every aspect of the order to avoid legal consequences, and do not make any attempts to contact the petitioner, either directly or indirectly through a third party. 

It is also advisable for the defendant to consult with an attorney as soon as possible to learn about their rights and possible next steps. It is also important to begin gathering evidence to prepare for the hearing. 

Consequences for Defying Restraining and No Contact Orders

Violating a restraining order is a very serious offense and is considered contempt of court, leading to significant consequences. Both a no contact order and restraining order are enforceable by law enforcement and can entail severe consequences. 

If found guilty of violating a restraining or no-contact order, the respondent may be charged with a misdemeanor or a felony: 

• A first offense, considered a disorderly persons offense (the New Jersey equivalent of a misdemeanor), involves a penalty of up to six months in county jail and a $1,000 fine.
• A second offense carries a minimum of 30 days in county jail. 
• If the restraining order violation involves committing an additional crime, or if many provisions of a no-contact order are violated, the defendant can face a fourth-degree felony charge. This includes up to 18 months in prison and a standard fine of $10,000.

The Importance of Hiring a Lawyer for a Restraining Order or No-Contact Order

For those in need of either kind of order, an attorney can help with:

• Initial filing: Attorneys explain the legal grounds for the restraining order and advise on the best course of action.They ensure all forms are correctly completed and filed. For a no contact order, an attorney can assist their client in petitioning for an emergency hearing.
• Court representation: Attorneys represent the client in court, presenting evidence and arguing on their behalf to secure the restraining or no-contact order.
• Emotional support: They provide advocacy and focus on the client’s safety and well-being throughout the process.
• Enforcement: An attorney can assist in reporting violations to the appropriate authorities, such as the police or the court, file motions with the court to enforce the restraining order and request additional protections if necessary.
• Modification: Similarly, an attorney can help file and negotiate any modifications that need to be made for the safety of the client. 

An attorney is just as crucial for someone who has been served either kind of order. In particular, an attorney can assist with: 

• Clarifying the Order: Order forms can be confusing and attorneys can explain the terms and implications of the restraining or no-contact order.
• Legal Advice: Experienced attorneys can provide guidance on legal rights and potential defenses.
• Court Representation: Attorneys can also represent the client at the hearing, presenting their side of the story and any evidence to challenge the order.
• Compliance Guidance: An attorney can present knowledgeable advice on how to comply with the order to avoid legal consequences.

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Contact Rosenblum Law Today 

Dealing with the complexities of a restraining order or a no-contact order is much easier with a seasoned attorney’s expertise. The attorneys at Rosenblum Law  can help individuals on either end of a restraining order or no-contact order. 

An experienced lawyer can help you gather evidence, complete and file the necessary documents, and provide representation in court. Contact us today for your free consultation.