New Jersey Restraining Order Violations
Protective orders are court orders that require an alleged abuser to stay away from the alleged victim, potentially even barring them from their own home or electronic communication. If the subject of the restraining order contacts the protected person, whether it is via a phone call, a third-party intermediary, showing up in person, or even seeing any shared children, they may have violated New Jersey law by violating the restraining order. A failure to follow the strict instructions of a protective order could lead to severe criminal consequences.
If you have filed and received a protective order, but the respondent violated the terms and conditions of that order, it is essential that you call law enforcement and your attorney immediately. Prompt action from the police and your attorney could help you petition a judge for additional restrictions. By working with a dedicated family attorney, you could have someone by your side to fight for you, even if the person you filed against has violated their terms.
Evidence Required to Prove a Violation
Common evidence of a restraining order violation in New Jersey would be an incoming call on the phone record, a text, or an email. However, some of the most compelling evidence of a violation only comes about via testimony. A child may state that they saw the restrained individual outside their school, or the petitioner may have seen them outside their workplace. This type of testimony could be used by a dedicated attorney to demonstrate to a judge that the respondent is acting in bad faith and has violated a court order.
Consequences for Violating a Restraining Order in New Jersey
The parameters of the order are defined by the court in the order itself, and is then served to the individual being restrained. Orders are usually centered around no contact with the protectee. Once there has been a first appearance and hearing for the restraining order, the court will once again define the terms of the order, but will also outline the potential penalties for a violation. Violators will likely face a monetary fine, but depending on certain other aggravating circumstances, they may also face incarceration.
Additionally, the recipient of the order would be fingerprinted, and they may potentially lose their professional or driving license. It is important to note that in New Jersey, the violation of a temporary protective order may still lead to consequences, even if a more permanent restraining order is denied at a hearing. Their violation of the order will also permanently remain on their criminal record.
What Should Someone Do if A Protective Order Has Been Violated?
The first and most important thing to do if a protective order has been violated is to call the police and get to a safe place. This may entail going to a police station directly or staying with other family in order to be assured of immediate safety. The second thing a person should do is contact their legal counsel. The sooner they get in touch with their lawyer about the violation, the sooner their attorney will be able to take legal action.
A Dedicated New Jersey Attorney Could Help Prove a Protective Order Violation
You deserve to be safe, especially after taking legal action by petitioning for a protective order. If you are facing the repercussions of a New Jersey restraining order violation by your abuser, do everything you can to get to safety and to work with the police. As soon as possible after, call a dedicated family lawyer to protect your rights and pursue further legal action. Reach out today to discuss your case.