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Domestic Violence Orders of Protection

Learn What Defendants Need to Know About Domestic Violence Protection Orders from an Experienced New Jersey Defense Attorney

When you get accused of domestic violence, one of the most immediate consequences you can face is the imposition of an order of protection (more commonly referred to as a “temporary restraining order”). This has serious consequences, and if you violate your order of protection (temporary restraining order), you can face additional charges on top of those that you are facing already.

As a result, once you have been accused of domestic violence, it is important that you speak with a New Jersey criminal lawyer immediately.

If you have been accused of any form of domestic violence in New Jersey, the criminal lawyers at Helmer, Conley & Kasselman, P.A. can help protect you. Our lawyers have centuries of combined experience defending individuals against domestic violence charges statewide. We can fight to protect you against facing a final order of protection, challenge your order if necessary, and defend you against your domestic violence charges in criminal court. If you are charged with violating your order of protection, we can defend you against this additional charge as well.

Common Terms in New Jersey Domestic Violence Orders of Protection

While judges in New Jersey will custom-tailor orders of protection to the unique circumstances of each individual case, there are several common terms. For example, if you have an order of protection entered against, you will likely be subject to some (if not all) of the following terms:

• Prohibition on entering your home (if you live with the alleged victim)
• Prohibition on visiting the alleged victim’s home (if you live separately)
• Prohibition on visiting the alleged victim’s school or work
• Prohibition on contacting, threatening, stalking or harassing the alleged victim
• Prohibition on possessing guns or other weapons 
• Restricted (or temporary loss of) child custody or visitation rights
• Requirements to attend various types of evaluations, treatment and counseling

Judges can issue temporary orders of protection ex parte in domestic violence cases. This means that the judge can impose a protective order without your presence—and perhaps without your knowledge. But, even if you aren’t aware of the terms that have been imposed, you still have an obligation to comply, and you can still face additional charges if you don’t. Even if you have a defense that you did not know about the temporary restraining order, that may not stop you from being charged, arrested and placed in County Jail.

Consequences of Violating Your Order of Protection in New Jersey

If you violate your order of protection following a domestic violence arrest, you can be charged with contempt of court under Section 2C:29-9 of the New Jersey Code of Criminal Justice. This is either a disorderly persons offense or a fourth-degree indictable offense (carrying up to a $10,000 fine and 18 months in jail), but it can be prosecuted as a third-degree indictable offense (carrying up to a $15,000 fine and five years in prison) in some cases.

Request a Confidential Consultation with a New Jersey Defense Attorney

If you need to know more about dealing with an order of protection after a domestic violence arrest in New Jersey, you can contact us to schedule a confidential consultation. Call 877-435-6371 or send us a message online to schedule an appointment with a New Jersey defense attorney today.