A protective order is issued against an offender who is considered a threat to the safety and well-being of another person. Traditional protective orders are often effective indefinitely or for a specific period. But the state courts have recently introduced the enforcement of a civil protective order in New Jersey which is officially an alternative to a conventional protective order. Therefore, it is advised to work with a knowledgeable family law attorney while looking to get a civil protective order in New Jersey. The Law Offices of SRIS, P.C. is a reputed name in the industry that has served many seeking civil protective orders in New Jersey. Our attorneys have adequate experience assisting clients with acquiring a civil protective order in New Jersey. In addition, they are acquainted with the requirements and processing of a civil protective order in New Jersey. Therefore, hire our lawyers today to receive professional assistance in negotiating the terms and conditions of a civil protective order in New Jersey.
A briefing on a civil protective order in New Jersey
A civil protective order in New Jersey is usually announced in the case of domestic violence or divorce. Specifically, a civil protective order in New Jersey is imposed after passing a temporary restraining order at the family court. Partners, who have been involved in divorce or child custody lawsuits, are likely to request a civil protective order in New Jersey before getting their final restraining order decided. The terms and conditions of a civil protective order in New Jersey are determined only after acquiring the parties’ approval. A civil protective order in New Jersey is usually issued at a victim’s request against a person accused of domestic violence. A final restraining order creates distance in the family. But a civil protective order in New Jersey is less severe and impactful when compared to the traditional forms of restraining orders. Most importantly, the victims and their families can be protected through a civil protective order in New Jersey.
A civil protective order in New Jersey is usually passed to safeguard the victim from harassment or household abuse. In most cases, the terms and conditions of a civil protective order in New Jersey would focus on determining crucial aspects like child custody, financial support, etc. The main difference between a civil protective order in New Jersey and other protective orders is the extent to which a person could be held liable for violating the terms of the order in place. A person need not be accused of a criminal offense upon going against the terms of a civil protective order in New Jersey. But this is not the same in the case of other restraining orders since any violation of the same can result in severe consequences and an additional set of criminal charges. Contact our family law attorneys to determine whether a civil protective order in New Jersey is the suggestive alternative under the given circumstances.
How is a civil protective order enforced?
In most cases, the enforcement of a civil protective order in New Jersey is not decided using a trial. But the court checks whether the parties have filed for a divorce or child custody to approve a civil protective order in New Jersey. One of the parties should proceed with dismissing the recorded domestic violence and subsequently request a civil protective order in New Jersey midway through processing the registered child custody or divorce lawsuit. The court cannot process the approval of a civil protective order in New Jersey and a final protective order simultaneously. A person would not be permitted to request a civil protective order in New Jersey just like that. Specifically, a civil protective order in New Jersey is approved only when a domestic violence protective order is already in effect. Most importantly, a civil protective order in New Jersey is put into effect only after acquiring the consent of both parties. Like any other restraining order, a civil protective order in New Jersey requires both parties to cut contact with each other until the court issues further action.
The terms of a civil protective order in New Jersey
Any civil protective order in New Jersey would include terms that indicate the physical custody of the kids. This order also states that the at-fault partner is restricted from visiting the home of the victim and their family members. A civil protective order in New Jersey also stresses that the parties involved should be cordial while communicating with each other, post the order issuance. For instance, the parties can contact each other only through messages and emails, and the discussion should mainly concern the kids’ affairs.
In some cases, a civil protective order in NJ can also establish an official parenting routine and other support parameters mutually agreed upon by both parties. A basic civil protective order in New Jersey would determine which of the parties involved is permitted to continue living in the shared house and the means through which the parties are allowed to communicate with each other. The parties can hire individual lawyers to negotiate the terms of the civil protective order in New Jersey. It is highly advised to seek the assistance of our attorneys during these circumstances. Our attorney would begin with representing the clients and presenting their opinions in the proposed terms of a civil protective order in New Jersey. Negotiations are conducted to reach conclusions unanimously. A civil protective order in New Jersey is an agreement that is eventually converted into a court order. Only during a scheduled proceeding a court order can be modified, but the same cannot be enforced or altered without the court’s intervention.
A civil protective order in New Jersey allows the parties to reach conclusions on their domestic violence cases even without proceeding to court trials or hearings to pass final restraining orders.
The terms of a civil protective order in New Jersey can include the following clauses:
- An order restricting contact between both parties.
- Limiting the communication between the parties through electronic mediums like text messages and emails.
- The exceptions apply to the enforced no-contact order.
- The restrictions of the at-fault party to enter geographical locations closer to that of the victimized party.
- Strict prohibition of certain activities like offensive contact, physical harassment, etc.
- Permission to arrange meetings without establishing any form of physical contact.
What are the consequences of violating a civil protective order in New Jersey?
A civil protective order in New Jersey differs from a regular restraining order in the degree of the punishment announced for violating the terms of both orders. Going against a standard restraining order is lawfully acknowledged as a criminal offense that can result in a high fine, jail sentence, or 18 months imprisonment. In addition, in some cases, a person can be arrested for breaching a temporary or final protective order.
The terms of a civil protective order in New Jersey are legally binding, and the parties must mindfully follow the same. The legal consequences of a civil restraining order violation depend on the nature of the offense recorded. But the breach of the terms of a civil restraining order only mandates legal consequences if and when the court is requested to punish the violator through a motion. For example, suppose the motion is submitted at the court requesting the prosecution of the violator on the grounds of going against the terms of a civil protective order in New Jersey. In that case, the court looks for substantial evidence to see whether the violation occurred. The court then announces a definite set of penalizations that usually include fines. The breach of a civil restraining order can also result in jail time in some cases.
If a civil protective order violation in New Jersey is as serious as domestic violence, the victimized party can request a final restraining order. But in this case, the violation should be necessarily as severe as domestic violence and not just a mere violation. For instance, showing up at the shared home or comprehending harassing communication would not be recognized as a serious legal violation. But incidents like failing to pay the promised financial support or going against the scheduled parenting routine would be regarded as a severe violation of the civil protective order in New Jersey.
What are the advantages of preferring a civil protective order in New Jersey to any regular restraining order?
A regular restraining order can affect several privileges and professional licenses. Those restricted from using professional licenses can face multiple workplace challenges, putting them under a severe financial burden.
A civil protective order in New Jersey benefits the victims for the following reasons.
- The court ordered protection from the offender.
- Not having to go through court procedures to enforce a final restraining order.
- It gives flexibility while negotiating the terms of a settlement.
A civil protective order in New Jersey benefits the defendant in the following ways.
- Need not face arrests for violating the terms of a civil restraining order.
- You need not have to submit biometrics to register in the state list of domestic offenders.
- Fewer consequences in personal and professional life.
Opting for civil protective order instead of a permanent restraining order can protect your professional license and does not impact your daily routine. However, since the consequences are life-affecting, the assistance of a reputed and experienced family lawyer cannot be brushed aside.
The Law Offices of SRIS, P.C. has been helping clients with legal services for over 20 years. Clients appreciate our firm for its dedicated legal services rendered at affordable costs. Visit our office today if you are considering civil protective order in New Jersey.