Restraining Orders and Criminal Charges in New Jersey

Getting a Restraining Order in New Jersey

So your creepy ex won’t stop texting you, or that neighbor just gives you the heebie-jeebies everytime you see him watering his begonias? It might be time to look into getting a restraining order in New Jersey. But what does that entail and what happens if the order is violated? Let’s break it down.

In New Jersey, there are a few different types of restraining orders (also called protective orders) you can get, depending on your situation. The most common ones are domestic violence restraining orders and civil harassment restraining orders.

Domestic violence restraining orders are for people who have been abused or threatened by a spouse, former spouse, partner, former partner, or other family member. This includes people who have been in dating relationships for example. To get a domestic violence restraining order, you’ll need to provide evidence of the abuse or threats to a judge.

Civil harassment restraining orders are more broad – they can be used against neighbors, co-workers, acquaintances or even strangers that are harassing you. For these, you’ll also need to show evidence of harassment to a judge before an order can be issued.

Once issued, a restraining order prohibits the restrained person (sometimes called the “defendant”) from contacting you or coming within a certain distance (often 300 feet) of your home, work or school. Restraining orders in NJ typically are granted for a time period between 6 months to 5 years.

So what happens if the order is violated by the defendant? Well in New Jersey, violating a restraining order is considered a criminal offense. Even if it seems minor, like sending a text message, any violation of an active order is against the law.

Restraining Order Violations & Criminal Charges

In New Jersey, when someone disobeys a valid restraining order that has been issued against them, they can face criminal charges. The severity of the charges depends on exactly what they did to violate the order.

For minor first offenses, like sending a text, the violation may just be a disorderly persons offense. But for repeat violations or more serious threats of violence, it can become a 4th degree indictable offense. This comes with possible jail time between 3-5 months.

If the defendant commits an assault or other violent act while violating an order, they can be charged with a 3rd degree aggravated assault offense. This can mean 3-5 years in prison.

And in the worst cases, if serious bodily injury or death occurs due to the violation, the defendant could even be charged with a 2nd degree crime. This could mean 5-10 years behind bars.

As you can see, judges and prosecutors in New Jersey take restraining order violations very seriously. The punishments quickly escalate based on the severity of the violation and the defendant’s prior history.

Restraining Order Violations Defense

Of course, sometimes misunderstandings happen. Or a supposed “violation” might have technically occurred, but there were extenuating circumstances.

In these cases, having an experienced New Jersey criminal defense attorney can be extremely helpful. They understand all the nuances of restraining order laws and can build a strong defense case if needed.

For example, if you accidentally ran into the plaintiff at a crowded public event, a lawyer could argue there was no willful violation. Or if a text message was just warning about picking up shared property, they may get the charges dismissed.

No matter what, never try to talk to the cops or represent yourself in court about a restraining order violation. There are complex civil and criminal issues at play. Having a knowledgeable lawyer in your corner is critical.