How to Obtain a No Contact Order in a New Jersey Criminal Case
Discover How Our Attorneys Can Assist You with the No Contact Order Process in NJ.
The criminal justice system protects victims of crimes by issuing no-contact orders to their suspected attackers, which prevent the accused from contacting the victim. Emails, phone calls, text messages, messages on social media, or messages sent through third parties are prohibited when a no-contact order is applied. This order protects the victim and the victim’s family members, and the accused is prohibited from coming within a certain distance to the victim’s home, workplace, school, university, or place of employment.
A no-contact order is usually put into place by the courts as a bail or parole condition. The order stays in place until the trial or until the defendant is no longer in custody. If the order is violated, the defendant can be arrested and imprisoned. For advice on New Jersey no-contact orders, reach out to the Montanari Law Group at 973-233-4396 to set up a consultation. Obtain legal assistance through a complimentary case review with a Little Falls attorney to understand your options and devise a strategic way moving forward in Wayne, Paterson, Ringwood, Cliftong, and throughout Passaic County.
Petitioner’s Profile to Get a No-Contact Order In New Jersey
When a petitioner has been the victim of a crime, they can request that the court place a no-contact order on the assailant. Victims of violent crimes and stalking are usually the petitioners. The claim must be filed in the local court of their jurisdiction or that of the offender. The order will specify the legal parameters that must be followed, such as the protected person’s residence, work, school, or other places noted in the order. The order will prohibit contact by the offender to the petitioner by mail, email, text message, social media, or through a third party. Also, the defendant must forfeit all weapons until the order is lifted.
Main Distinctions Between a Restraining Order and a No-Contact Order
There are two kinds of restraining orders: a temporary restraining order (TRO) and a final restraining order (FRO). They are civil orders placed in Family Court. They are established to protect domestic violence victims. A temporary restraining order is valid for 10 days, after which a final restraining order can be requested. The purpose of the order is to keep the potential victim and their family safe from the defendant. A judge will decide, after weighing the evidence from the potential victim and the potential aggressor, if a final restraining order is necessary. A restraining order can be requested without criminal charges being filed.
A no-contact order is similar to a restraining order in that it demands that the accused have no contact with the alleged victim. It can be granted against family members or spouses when there is domestic violence or threats of violence, similar to a restraining order. Still, a crime must have occurred for a no-contact order to be instated. Other criminal cases outside of the realm of family violence are included in no-contact orders. As long as the defendant has been charged with a crime, a criminal court can issue the order. No-contact orders are lifted when the defendant is acquitted or has finished their sentence.
Dynamics of No-Contact Orders in NJ Criminal Proceedings
A no-contact order is directly related to criminal charges, which include but are not limited to domestic violence, harassment such as stalking, sex crimes, or assault. The order is usually placed on the accused as a bail condition. It is issued by a judge in criminal court and is used to prevent contact with the alleged victim until the case is resolved. If the court suspects that the order will not be adhered to, the defendant will probably not be released on bail. The defendant cannot contact the alleged victim by text, phone, social media, letters, handwritten notes, or even by carrier pigeon. In instances when the alleged victim initiates contact with the defendant, it is considered a breach of the no-contact order.
Factors Considered by NJ Courts in Granting No-Contact Orders
The court will consider whether there is credible evidence of threats, harassment, or harm to the alleged victim. These can be directly by the accused or third parties used to communicate with the victim. When there is a fear for the safety of the victim or those close to them, an order will be granted if the fear is supported by evidence such as eyewitness testimony or previous criminal charges. Suppose there is a history of violence in documented prior incidents, a history of violating previous protection or restraining orders, or an immediate threat to those involved. In that case, an order will be put into place.
No-Contact Order Derived from Family Matters
In cases of domestic violence or child abuse, a judge can issue a no-contact order. A fact-finding hearing may be held to acquire more evidence to support such an order. Judges don’t like to keep children from their parents, but the child’s safety is the priority. Domestic violence between divorcing spouses is another example. When exes become so angry and bitter, it may result in violence.
Consequences for Breaking a No-Contact Order in NJ
Not following a no-contact order can mean a forfeiture of bail, charges of contempt of court, fines up to $25,000 in some cases, and up to 18 months in prison. Bail revocation means the defendant will be incarcerated until their trial.
Get Experienced Advice from Regarding No-Contact Orders in New Jersey
The laws regarding no-contact orders are complex, and failing to obey them could result in dire consequences. At the Montanari Law Group, we will protect your rights. We can fight to get your no-contact order dropped or modified. Having a seasoned criminal attorney in your corner is of the utmost significance. You don’t want to put your freedom in jeopardy. The potential consequences for violating a no-contact order are severe. You want someone who will plan a defense to avoid your being assigned a no-contact order, especially if it involves whether you can see your children.
You are one phone call away from obtaining the legal representation you need. Call us today at 973-233-4396, or you can reach us online. We serve clients in Haledon, Hawthorne, Passaic, Totowa, and towns throughout Passaic County.
