The difference between a temporary or final restraining order and a no contact order is important to understand, as each has its own important rules and conditions, but they are different. Both can result in arrests and criminal charges if they are violated, but how they are imposed and what they may require can be very different.
If you need help with a restraining order or no contact order in New Jersey, you need an experienced New Jersey criminal defense attorney to help. You can protect your rights and start to move forward with your life.
New Jersey Temporary and Final Restraining Order Attorney
With many years of experience working in different roles in the New Jersey justice system, Joseph Lento is a uniquely qualified New Jersey attorney with a comprehensive knowledge of how the criminal justice system works, from start to finish.
If you need help with a temporary or final restraining order, or a no contact order in New Jersey and need a comprehensive, customized case, contact the attorneys at the Lento Law Firm. Joseph Lento built his practice on the ideals of customer service and justice and he will fight for your rights and safety. Call (215) 535-5353 today to schedule your free consultation and discover what Joseph Lento can do to help protect you.
What is a Restraining Order in New Jersey?
A temporary or final restraining order (also commonly referred to as a "protection" or "protective" order) is a civil order imposed in the Family Court. It is intended to protect victims of domestic violence. A temporary restraining order can be imposed that prevents contact between the plaintiff and defendant. Later, a final restraining order hearing will be held in front of the judge to determine if the restraining order imposed in the temporary hearing should remain in effect.
In either case, the terms of a restraining order can help keep you and your family safe from harm. The terms of a restraining order may include:
- The alleged perpetrator is prohibited from coming in contact with the alleged victim and visiting any locations stated in the order
- The alleged perpetrator may be prohibited from possessing weapons
- Communication may not be made over the phone, in writing, or initiated by another party on their behalf
- In cases involved with domestic violence, the court may specify provisions regarding child custody
- In cases of domestic violence, the court may require that medical expenses be paid if they are the result of the alleged perpetrator
- In cases such as with domestic violence, the alleged perpetrator may be permitted to retrieve their belongings and promptly vacate the premises.
- Temporary restraining orders are applicable throughout the state
As you can see, a restraining order can do a lot more than simply require that one person not contact another. Further, it is imposed through a different process and for different reasons than a no contact order.
What is a No Contact Order in New Jersey?
A "no contact" order, unlike a temporary or final restraining order, is related to criminal charges, rather than a civil proceeding. In most cases, a no contact order is imposed as a condition of bail. When bail is permitted, certain conditions are typically imposed by the judge. In a great many cases, one of those conditions is that the defendant not contact a certain person or certain persons.
A no contact order is typically imposed in cases where there is an alleged "victim" of the crime. This is especially true if the defendant is accused of some type of violent crime against the alleged victim, especially in cases of domestic violence. However, not all New Jersey cases result in the imposition of a no contact order. It is up to the discretion of the judge. Also, alleged "victims" can request that the no contact order be removed.
Violating the terms of a no contact order can result in your bail being forfeited, and you may also be held in contempt of court. This can be in addition to the other charges you face, increasing the penalties imposed by the judge.
Do I Need an Attorney?
For many, it is not only important to understand the difference between a restraining order and no contact order but to defend against one or both. You can defend yourself against the imposition of a restraining order at the final hearing, Even if one is imposed, you can appeal the restraining order. You can also vacate an active final restraining order. That being said, when facing legal proceedings where much is at stake, an experienced attorney can greatly increase the prospect of a favorable outcome.
Although you do not have much control over whether the judge imposes a no contact order, an attorney can help to have one lifted. Depending on the facts of your case, the alleged "victim" may even request it, but you still have to convince the judge to do so.
If you are accused of having violated either a restraining order or no contact order, you need a skilled criminal defense attorney to protect your rights. Violating a restraining order or no contact order can result in a finding of contempt of court against you. This can result in jail time, including up to 18 months in prison, and fines as high as $25,000 in some cases. Even a "petty" violation could result in as much as 6 months in jail.
If you have either a restraining order or no contact order imposed against you, it is important to protect your constitutional rights by working with a knowledgeable defense attorney. Do not assume there is nothing you can do; you can fight to protect your rights.
Consult a New Jersey Temporary & Permanent Restraining Order Attorney
If you face the imposition of a temporary or final restraining order, or a no contact order in New Jersey, an experienced New Jersey criminal defense attorney can fight to protect your rights. Joseph D. Lento has the years of experience necessary to protect your rights. He will analyze your case and tailor a case to fit your specific needs.
Call (888) 535-3686 or contact us online today to schedule a consultation of your case.