What Should I Do if Someone Violates a Restraining Order?

A restraining order is a court order that protects a person from an abuser. Even if a restraining order is in effect, it is still possible for your aggressor to violate the parameters of the order, making you fear for your safety. Nobody should live in fear, which is why our legal team is dedicated to helping to preserve your interests.

Luckily, the Cherry Hill, NJ, restraining order lawyers at The Law Offices of Christopher St. John are here to inform you of your legal rights in securing or upholding a current order. We believe that the terms of a restraining order should be followed meticulously and that the accused should be held accountable for noncompliance.

Restraining Order Eligibility

New Jersey law defines domestic violence as a “pattern of physical, emotional, verbal, and sexual abuse” that can occur between partners, family members, household members, and married persons. A restraining order can be requested if you and your abuser:

• Are currently or formerly married
• Are living together or dating
• Have a child together

Protections Afforded by Restraining Orders

By filing a restraining order, you prohibit someone from having contact with you, either in person or through any means of communication (email, text, or phone). Besides providing protection against physical or emotional harm, a restraining order can include financial terms, such as ordering a person to pay child support, alimony, or mortgage payments. This would typically be part of a financial restraining order (FRO).

Steps to Take if The Perpetrator Violates a Restraining Order

If your abuser violates the terms of an active restraining order, then you should contact the police station. If your aggressor is causing you physical harm, the police will arrive on the scene and arrest the individual. Under N.J.S.A. §2C: 25-30 and N.J.S.A. §2C: 29-9(b), a person that intentionally violates a restraining order is guilty of contempt of court, punishable by six to eighteen months in county jail. If there are prior contempt offenses, then the defendant will be subject to a minimum of 30 days in county jail.

If a civil order is violated, then you should reach out to the Family Court Domestic Violence Unit. A Victim’s Advocate may be able to assist you in filling out the correct paperwork to enforce the order.

Aggressive Representation and Compassionate Counsel

Violating a restraining order is a serious matter, coming with penalties and jail time. New Jersey law is harsh on offenders, protecting victims of domestic violence from further abuse. The accused will have numerous defenses available to him or her, such as claiming lack of proper notice, accidental contact, or that the allegations are false. The burden is placed on the victim to disprove these defenses. This requires the help of experienced counsel, which is what you will get when you work with our Cherry Hill, NJ, restraining order lawyers. We will help gather the necessary evidence and prepare sound arguments that demonstrate your abuser’s liability.

Frightened for Your Safety? Contact Our Cherry Hill, NJ, Restraining Order Attorneys Today

If your abuser has recently failed to comply with a restraining order, the legal team at The Law Offices of Christopher St. John would like to speak with you. With a solid reputation for safeguarding the interests of Cherry Hill and South Jersey residents, we are committed to putting your needs first. To learn more about our services or to schedule your free consultation with our Cherry Hill, NJ, restraining order lawyers, contact us online or by phone today.