Violation of a Restraining Order in New Jersey
Violating a restraining order in New Jersey is serious. Violation of any element of a restraining order, even with the plaintiff's expressed permission, can be punished with jail time.
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Obtaining & Terms
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In New Jersey, restraining orders can be obtained by appearing before a judge and demonstrating an ongoing need for protection. The victim must demonstrate that she has been the victim of abuse or harassment.
Violation
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When a restraining order is issued, it contains a detailed description of the terms. If the person against whom the court issued the order violates any element of the terms, he can be punished. The plaintiff does not have the authority to permit a violation; the order must be legally rescinded by the court before any element can be violated.
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Punishment
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Violation of a New Jersey restraining order constitutes fourth-degree criminal contempt of court. Any subsequent violation will be punished with a minimum of 30 days in jail.
For the Plaintiff
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If the abuser violates a restraining order, the plaintiff should immediately call the police. For violations that may put you in actual danger, such as entering your home, or if the violation was a crime, such as stalking or abusing you, the local police will sign a criminal complaint for contempt.
Enforcement
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If you have been granted a restraining order, you should keep a copy of it with you at all times. If you need to call the police because the defendant has violated the order, it makes it simpler for you to explain the situation to the police when they arrive.
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References
Resources
- Photo Credit police car up close image by Aaron Kohr from Fotolia.com
