New Jersey Protective Order Lawyer
New Jersey protective orders, also known as restraining orders, are court orders which prohibit one individual from coming within a certain distance of another individual for a specified period of time. Protective orders are oftentimes issued in domestic violence cases, where one spouse is accusing another spouse of domestic abuse.
Many protective orders are temporary, in the sense that they only remain in effect until the next court hearing. At a protective order hearing, the court may make the protective order permanent if the judge deems it necessary.
If you have a protective order entered against you, it is essential that you abide by the terms of that order. If you violate a standing protective order, a warrant can be issued for your arrest.
It is also important to speak with a New Jersey protective order lawyer who can safeguard your legal and constitutional rights while your criminal case is pending. A skilled domestic violence lawyer can also represent you in court and help you obtain the best possible result in your pending case.Common Types of Protective Orders
One common type of New Jersey protective order is a no-contact order. In this instance, an abusive spouse – or a former spouse, as the case may be – can be ordered to stay away from the other spouse (or ex-spouse) for a certain period of time.
A true no-contact order prohibits the accused spouse from contacting the victim spouse by any means, including via telephone, email, or text messaging. If child abuse is involved, the abusive spouse may be ordered to stay away from the couple’s children.
In some cases, a no-contact order between current or former spouses is not feasible or appropriate. In that instance, the court may enter an order which prohibits the abusive spouse from visiting the victim spouse’s home, school, or workplace. Such an order will allow for contact between the individuals, so long as it occurs in a public space.
In cases where there is a history of violence between the accused spouse and the victim spouse – or if the accused spouse previously made a death threat that was directed toward the victim spouse – the protective order may preclude the accused from owning or possessing a firearm while the order is pending.Duration of a Protective Order
New Jersey protective order lawyers know that an initial protective order will normally remain in effect until the next court hearing. At that time, the court will review the facts and circumstances of the case and make a determination about whether or not the order should continue.
At the final court hearing, the judge may continue the protective order for as long as necessary. If the victim spouse is alleging serious instances of abuse, the protective order may remain in effect permanently.Contact a New Jersey Protective Order Attorney
Protective order violations in New Jersey have serious penalties associated with them. If the accused spouse violates a standing temporary or final protective order, the accused will be held in contempt of court. Under New Jersey law, a finding of contempt is punishable by fines, jail time, or a combination of both. Second and subsequent protective order violations can result in a minimum jail time of 30 days.
Anyone can apply for a protective order against another person, and victim allegations are not always truthful. Therefore, if a protective order has been lodged against you, it is best to consult with experienced legal counsel. A New Jersey protective order lawyer can help you formulate a good legal defense to your charge and represent you at every stage of the criminal proceedings.