Civil Protective Order In New Jersey
A Civil Protective Order in New Jersey, also known as a restraining order, prevents a person from contacting another individual for a certain period. The court or a hearing officer usually issues a Civil Protective Order to protect the accuser from further domestic violence. A restraining order does not need the consent or the presence of the accused; a complaint from the victim alone is enough to have it issued.
If you are being served with a Civil Protective Order in New Jersey and believe you have been falsely accused, then connect with our domestic violence defense attorney at The Law Offices of SRIS, P.C.
Imposed by the Civil Protective Order in NJ:
- This order imposes the following conditions upon the respondent:
- The respondent must avoid contacting the petitioner.
- The respondent must stay away from the petitioner’s residence, workplace, or school.
- They must strictly follow and utilize the visitation rights granted to them.
- This order does not affect or change the custody or spousal support that the respondent is asked to offer.
- The respondent must attend counseling and therapy imposed by the Civil Protective Order in NJ.
- They will be prohibited from using or possessing any dangerous weapons, including firearms. Any such license shall be canceled once the NJ Civil Protective Order is enacted.
- The respondent must not harm the petitioner’s pet.
- A court usually issues a temporary restraining order when a petitioner seeks protection. After the final hearing, the court will decide whether to give a District of New Jersey Protective Order.
If the defendant fails to adhere to the protocols mentioned in the restraining order, they will be booked under a 4th-degree criminal charge; this could lead to incarceration of up to 18 months.
Types of Civil Protective Orders Related to New Jersey:
Prohibiting Contact:
The most basic type of Civil Protective Order in New Jersey is the one that forbids contact between the accused and the accuser. The prohibiting contact order is most common in domestic abuse cases. It can be issued against a spouse, parent, living partner, former spouse, or a person with whom the victim shares their child. In addition, if child abuse is involved, the mother has the right to request a civil protective order against her husband or living partner in New Jersey.
Removing The Respondent From School, Residence, or Workplace:
Contact may be necessary (e.g., when visitation rights are in effect). In such cases, the Civil Protective Order in New Jersey allows the respondent to contact the victim in public places but does not allow visiting at home, office, or school. To be safer, it is always better to seek guidance from your domestic violence defense lawyer and take them along when you feel contacting the petitioner is mandatory. This way, the victim’s safety and privacy wouldn’t be disturbed, and there would be space for meaningful conversations.
The initial protective order remains till the next court hearing. The final court hearing may grant a protective order for the duration as deemed necessary. There are cases where the Civil Protective Order in NJ can be permanent. Violating the protective order is considered contempt of court. The penalty can range from fines to jail sentences. If you have violated a protective order, contact our lawyer soon
How Can We Help?
Suppose you need help with requesting a Civil Protective Order in New Jersey. In that case, you can connect with our lawyers at The Law Offices of SRIS, P.C. We have vast knowledge about the laws associated with domestic violence and the procedures involved. Besides helping you deal with the case, our lawyers will help you obtain other advantages and services available to domestic abuse victims. For example, temporary housing is one such service that victims of abuse are eligible to receive. For more information on domestic violence,Civil protective order in New Jersey, and the laws associated with it, connect with our lawyers immediately.
If you face false domestic abuse charges, you must retain a defense attorney before getting served with a permanent Protective Order New Jersey. Once this gets added to the central registry, it’s nearly impossible to remove it. Your reputation, social life, and job would be at stake. You can avoid these ramifications by connecting with our domestic abuse defense attorney in New Jersey. Call The Law Offices Of SRIS.P.C. and let’s discuss the case together. Once we finish the initial investigation, we will help build a defense strategy to have your case dismissed as soon as possible.
FAQs:
Civil harassment in New Jersey refers to unwanted behaviors that cause emotional distress or fear, potentially leading to a restraining order or legal action against the harasser.
It is a legal order issued by a court to protect individuals from harassment, threats, or harm. It restricts the alleged offender’s contact with the protected person and outlines specific behaviors to be avoided.
To obtain a Civil Protective Order, you typically need to file a petition with the court explaining the reasons for seeking protection. A judge will review the petition, and if there’s sufficient evidence of potential harm, they may issue the order, imposing restrictions on the alleged offender’s actions.
