Protective orders, or restraining orders as they are called in New Jersey’s criminal courts, are one of the ways that the law protects victims of alleged crimes. Anytime the court alleges that a person commits a crime of violence or threats, it can create a temporary restraining order.
People who are the subjects of these protective orders need to stand up for themselves. These orders can restrict where they can travel, who they can interact with, and even where they can live. If granted, these orders can remain in place for the duration of a trial and may become permanent.
A Middlesex County protective order lawyer could stand up for the rights of people facing allegations of crimes that lead to protective orders. Dedicated domestic violence attorneys can work to defend the rights of people against both the underlying criminal charges and any accompanying protective orders.
When Allegations May Result in a Protective OrderNew Jersey’s Code of Criminal Justice is clear in authorizing the court, in instances of domestic violence or any other crime, to hold a hearing for a protective order. In Middlesex County, this is known as a temporary restraining order or TRO.
According to New Jersey Statute 2C:25-26, this can affect the accused by limiting their:
In short, these orders can significantly affect a person’s freedom, even if they are released from custody while awaiting trial. If the court grants the temporary restraining order, the court must schedule a full hearing within ten days of the order. This hearing will consider the full weight of the evidence in the case to determine whether the restraining order should become permanent.
Consequences for Violating an OrderAny restraining order, whether issued on a temporary basis or after the court makes it permanent, carries the full weight of the law. This is an official court decision that all parties are obligated to follow. Any failure to adhere to the conditions presented in the order is considered a criminal act.
New Jersey Statute 2C:29-9 states that any person who purposely or knowingly disobeys a protective order is guilty of a crime of the fourth degree. This is known as contempt of court. Crimes of the fourth degree are punishable by a maximum of 18 months in jail. In addition, if the violation occurs while a person is awaiting trial, it is extremely likely that the court will revoke a person’s bail and they will be sent back to jail.
Value of a Middlesex County Protective Order AttorneyNew Jersey takes the formation and enforcement of protective orders very seriously. After any criminal allegation of threats or violence against another person, the court may order the imposition of a temporary restraining order that limits the freedoms of the accused.
A Middlesex County protective order lawyer could help fight back against the imposition of restrictive restraining orders and to combat the underlying criminal charges. Attorneys work to dispel the idea that you are a threat to other people and can argue for the protection of your rights. Protective orders can go into effect quickly and permanently change your life. Contact an attorney immediately so that they can get to work for you.