“This video clarifies the differences between a couple things you might be facing after a domestic violence incident.”
There is a major distinction between a restraining order in New Jersey and a “no contact” order which is entered as a condition of bail on a criminal charge. 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 typically 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.
As you can see, it is imperative that you hire an experienced domestic violence lawyer to combat these charges, both a restraining order and/or criminal charges. Contact our experienced criminal defense lawyers at the Tormey Law Firm anytime for immediate assistance at 201-556-1571. 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