Important Distinctions Between Restraining Orders and No Contact Orders in New Jersey
“This clarifies the differences between a couple of things that you might be facing after a domestic violence incident or in another type of criminal case in New Jersey.”
When someone needs protection from a “dangerous” individual, a restraining or no-contact order may be issued, but these two types of protection are distinct. They are not interchangeable, and you must understand the meaning and implications of each type of order to know what you are facing in your case. The first major distinction between a restraining order in New Jersey and a “no contact” order is the context in which each is issued. A no contact order is typically entered as a condition of bail on a criminal charge. It is a common mechanism in criminal law. A restraining order is a collateral proceeding and has nothing to do with any criminal charges which may or may not have been filed. Restraining Orders must be handled at the County in the Family Division of the Superior Court. A hearing must be held to determine whether or not a final restraining order (FRO) should be issued.
On the other hand, a “no contact”order is usually a condition of bail based on a criminal complaint being filed. This is set by a criminal judge (either Municipal or Superior) court. This can be dropped at the request of the alleged victim. Also, just because a criminal complaint was filed does not necessarily mean that a “no contact” order was also issued.
Relationship Criteria for Restraining Orders vs. No Contact Orders
Another significant distinction is the relationship between the victim seeking protection and the alleged perpetrator. A restraining order protects a victim in a current or past intimate relationship in a domestic violence context. For instance, a current or former spouse, dating partner, or housemate may be a victim. The restrained party may also share a child with the alleged victim. On the other hand, a no-contact order protects the victim of a crime, regardless of the relationship between the victim and the alleged perpetrator.
Procedure for a Restraining Order to be Issued
A temporary restraining order (TRO) may be issued by a judge based on an applicant’s or plaintiff’s paperwork alleging the need for protection and the circumstances that created the need. One example is a battered wife who may go to the police station or the courthouse to file a petition for a restraining order against her husband, the defendant. A court typically approves a TRO based on the facts in the application and then schedules a hearing for a final restraining order (FRO), which occurs approximately ten days later. A TRO bars the defendant named in the application from contacting the plaintiff or going anywhere near them. The FRO operates similarly, sometimes including specific provisions for the victim’s family and other remedies like paying for the victim’s medical expenses.
Procedure for a No Contact Order to be Issued
In contrast, a criminal court judge can issue a no-contact order after an arrest to protect victims, their friends, and family. A no-contact order is typically a condition of release from jail after arrest or for probation or parole. It also forbids the accused from contacting or communicating with the victim. Remember though, the victim can be anyone in the criminal context, not just a person who technically satisfies the criteria for a victim of domestic violence.
Examples of Situations that can Lead to a Restraining Order
Restraining orders are legal mechanisms used in domestic violence cases when a victim suffers abuse and needs protection. For example, an individual seeking protection from a current or past spouse, domestic partner, dating partner, or parent of a shared child may ask the court for an order restraining the defendant from contacting them in any way after a violent episode. Another reason for a restraining order is to prevent further stalking or harassment. A former lover with a pattern of showing up at a victim’s work, their home, and other places where the victim frequents may face a restraining order. Similarly, constant calls, messages, and alarming conduct harassing a family member can lead to a restraining order being issued temporarily, and sometimes permanently.
Furthermore, when domestic violence occurs in families, children may be placed in harm’s way. Even though physical violence occurs between parents, children may get hurt in the crossfire, or one parent may threaten the safety of the other, leading the other parent to get a restraining order for their own and their child’s protection. On the opposite end of the age spectrum, older adults may need protection from financial, emotional, and physical abuse by children or caretakers. A restraining order safeguards elders from suffering economic, emotional, or physical abuse at the hands of a family member.
In addition, a victim of sexual assault can obtain a sex crime restraining order to give them peace of mind about their safety and file criminal charges against the person accused of a sex crime. Finally, restraining orders are not only for physical abuse. An individual threatened with violence may seek a restraining order to prevent contact with the allegedly dangerous individual. The threats must be credible, meaning a reasonable person would believe the person threatening violence is not just blowing off steam but intends to do what they threaten.
Examples of Circumstances that can Lead to a No Contact Order
Domestic violence or abuse can also lead to a no-contact order from the criminal court to keep parties safe from further disputes. Moreover, in cases of violence or harassment, a court may issue a no-contact order at a pretrial release hearing as a condition for the accused’s release pending further court hearings. The accused is then forbidden to contact the victim for the length of the criminal proceedings if stated in the order.
However, even in non-violent cases such as harassment, a court may prohibit the accused from contacting the victim in person or through other means under threat of jail for violating the order. Disputes in circumstances other than the domestic arena may require a no-contact order as well. An example is when co-workers have ongoing disputes that threaten to escalate, at which point a court may order the parties not to communicate pending the outcome of a criminal complaint.
When a workplace, neighborhood, or other dispute arises, a no-contact order may be necessary to prevent one party from likely retaliating should the parties continue to communicate. Finally, victims and witnesses in a criminal case may need protection while it moves through the judicial system. In that case, a court will order a no-contact order to protect them from harassment and intimidation.
What are the Consequences of Violating Restraining Orders and No Contact Orders in New Jersey?
A judge may financially punish a violator of a no-contact or restraining order, including ordering fines and penalties to prevent future non-compliance with the court order. In other circumstances, a violator may face criminal charges and resulting penalties, such as fines, probation, or incarceration, for violating a restraining or no-contact order. The punishment depends on factors such as their history and the severity of the violation. An individual who violates a restraining or no-contact order may also be placed on probation instead of jail. Probation requires lifestyle restrictions, supervision, mandatory counseling, and other terms. In addition, the court may choose to change or extend the terms of the restraining or no-contact order. For example, a no-contact order for a certain duration may be extended, or additional restrictions may be added to the order.
Furthermore, violating the terms of a restraining or no-contact order is often the basis of a charge for contempt of court, which has its own penalties, such as fines, community service, or even jail. Lastly, an individual who violates either of these court orders may jeopardize their relationship with their children. They may see their child custody and visitation rights limited or changed, reducing or restricting the conditions of visitation or custody depending on the situation.
The potential personal and economic losses for violating a restraining or no-contact order should alert you to your need for legal help if you are a named defendant in either order. A restraining order may be made permanent, meaning lifelong restrictions and possibilities to violate the order unless and until you successfully file a motion to have it removed. A no contact order can be equally devastating, especially when you face penalties for violating it or after being convicted of the criminal charges that have been filed to lead to the no contact order in the first place. Is imperative that you hire an experienced criminal defense lawyer to combat these allegations, both a restraining order and/or criminal charges that you may be facing.
Our experienced criminal defense attorneys at the Tormey Law Firm have handled thousands of restraining orders and criminal cases in the criminal and family court systems in New Jersey. We are ready and committed to use our sharp trial skills and all of the defense tools at our disposal to potentially defeat a restraining order, as well as to fight the criminal charges that may have been filed against you. Contact us anytime for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge.
Restraining Order Defense Strategies:
#1. Challenge the predicate act
#2. Challenge the prior history of domestic violence
#3. Challenge the reasonable fear for safety.
Restraining Order Info and Overview
Basic Restraining Order Information