888-815-3649
A restraining order, otherwise known as an order of protection, is a civil court order that prevents someone from contacting another person. Violating a restraining order can have severe consequences, and it is important to understand the order’s conditions and to strictly follow them.
If you are accused of violating a restraining order, an experienced restraining order attorney from Rosenblum Law can defend you and explain the order’s requirements to prevent further violations. This article provides an overview of restraining orders, the consequences for violating them, and the role of an attorney in restraining order violations.
What is a Restraining Order (Order of Protection)?
A restraining order is put in place to protect the person seeking the order, called the “petitioner”.
Temporary restraining orders (TRO)
A petitioner can get a temporary restraining (TRO) order automatically. However, a TRO only lasts a brief time until a court hearing, usually within 10 days. The law allowing TROs in domestic violence cases is found in Section 2C:25-28 of the NJ state statutes.
Final restraining orders (FRO)
During the hearing, the judge will decide whether to issue a final restraining order (FRO). A FRO lasts indefinitely or until one of the parties petitions the court to end it, at which time there is another hearing. The law allowing for FROs, including all of the conditions that can be placed within them, can be found in Section 2C:25-29 of the NJ state statutes.
Domestic violence and sexual assault restraining orders
There are two main types of restraining orders in New Jersey. Domestic violence restraining orders are filed against a spouse, cohabitant, roommate, the other parent of a child, or an ex-relationship. Sexual assault restraining orders are obtained when someone has sexually assaulted or threatened sexual assault against another.
The most common type of restraining order is a domestic violence restraining order. Most of the laws about restraining orders apply to domestic violence restraining orders and are found in the Prevention of Domestic Violence Act.
Understanding Restraining Order Violations
Although restraining orders are issued in civil court, there are criminal charges associated with violating them. Here are some of the most important things to know about restraining order violations.
What Constitutes a Violation of a Restraining Order
A violation of a restraining order happens when the person who the restraining order was issued against fails to comply with one or more parts of the order. Violating a restraining order is considered contempt of court and can result in fines and/or jail time, depending on the type of restraining order and the severity of the violation. Domestic violence restraining orders have stricter penalties for violations.
Examples of Common Restraining Order Violations
It is important to note that different restraining orders have different mandates, meaning not all of the examples of violations below apply to every restraining order. That said, some of the most common examples of restraining order violations include:
- Contacting the petitioner
- Going to the petitioner’s place of residence, employment, church, or other places prohibited by the order or known to be frequented by the plaintiff
- Owning or possessing a firearm
- Failing to pay restitution, or an order made by the court to compensate the other party
- Failing to go to domestic violence counseling if the court requires it
- Going to the residences, schools, or places of business of family and cohabitants of the plaintiff
- Stalking, following, or threatening harm to the plaintiff and their friends and family
Consequences of Violating a Restraining Order
As mentioned, violating a restraining order is contempt of court, and the alleged violator will be arrested immediately. However, if law enforcement does not have enough evidence to prove a violation occurred, they may not make an arrest. The petitioner can still file a motion with the court to hold someone in contempt under these circumstances.
Violating a restraining order is usually a fourth-degree offense. This comes with a jail sentence of up to 18 months and a fine of up to $25,000. If someone violates the order by committing additional crimes, or violates the order more than once, they may face more severe charges beyond a fourth-degree offense.
How to Prevent a Restraining Order Violation
The easiest way someone can prevent a restraining order violation is to hire an attorney as soon as they receive the order. The attorney can explain the order, including any restrictions and conditions it contains.
It is also important to avoid contact with the petitioner and avoid frequenting restricted areas mentioned in the order, such as the petitioner’s place of business or school. Even if a given location is not listed in the restraining order, the defendant should avoid it if they know the plaintiff goes there. If the defendant accidentally encounters the plaintiff in a public place, the defendant should leave immediately, avoid saying anything to the plaintiff, and document the situation.
The Role of a Restraining Order Lawyer
It is difficult to fight a charge of violating a restraining order alone. An attorney will meet with someone facing violation-related charges to review the facts and explain potential outcomes. The attorney can then gather evidence and determine possible legal defenses, such as a lack of intent to violate the order or a lack of clarity in the order.
The biggest role the attorney plays is in representing the client in court. An attorney understands the law and the court’s rules, and is best able to present evidence and arguments. They are also able to:
- Effectively question and cross-examine witnesses
- Negotiate with the court for reduced sentencing
- Evaluate the merits of the restraining order and move to have it dismissed entirely
FAQs
Restraining orders are civil orders, so they don’t go on your criminal record. However, if there are criminal charges resulting from a violation of a restraining order, those will appear on your criminal record unless expunged. An attorney can best explain how and if the charges of contempt of court can be expunged.
Yes, contempt of court is a fourth degree crime in New Jersey. Violating a restraining order is contempt of court. This comes with a possible sentence of up to 18 months in jail and a fine of up to $25,000.
The evidence against someone who violated a restraining order may include witnesses that were present when the defendant contacted or harassed the plaintiff, documentation of visits to employers or schools, and closed circuit TV footage if the violation happened in a public place.
A TRO lasts until the hearing, which is usually within 10 days. An FRO, if issued at the hearing, remains in place indefinitely. Only a reasonable petition by either party to end the restraining order can result in a hearing to terminate it.
Yes, a restraining order violation can impact child custody arrangements. Any visitation previously allowed is likely to be limited to supervised visitation to minimize the chances of running into the plaintiff.
Yes, a restraining order violation can impede your ability to own a firearm in the State of New Jersey. That is often the motivation for an individual to contact an attorney and attempt to get it challenged or lifted.
A restraining order violation is a fourth-degree crime, which is a felony. Any place of employment that does a background check will see the restraining order violation on your criminal record. This could limit employment opportunities in the future. Professional licenses could also be affected.
Yes. The restraining order can be upheld regardless of where the contact or crime occurred.
Contact a Rosenblum Family Law Lawyer Today
As you can see, restraining order violations are a serious matter that require the attention of an experienced attorney. The attorneys at Rosenblum Law are experienced in restraining order cases. We have extensive knowledge about how to successfully represent clients who are facing charges of violating a restraining order. Contact us today for your free consultation.
Last updated: Sep 26, 2024
