What is a restraining Order?
A restraining order is a type of mandate which legally bars a person from interaction with another person because there is reason to believe they are a danger to them. Each restraining order is different and each contains a list of prohibited activities. It is a preventative measure to discourage future crimes from occurring between parties which have a difficult relationship. It is not actually punitive and may not be a criminal charge.
What does a restraining order do? What does a restraining ordering prevent the plaintiff from doing? Each restraining order is different, but a potential list of disallowed activities might include:
- Any communication, whether that be online, by phone or through written messages. This includes communication through third parties.
- Physical proximity
- Trespassing on the private property of the other party
- Loitering in places (such as workplaces) known to be frequented by the defendant for the purpose of intimidation
Are restraining orders criminal complaints? Will this go on my criminal record?
Restraining orders are a broad category of injunctions. They may be criminal or civil, mostly depending on the nature and severity of the complaint against the subject of the order. Restraining orders may cover minor property disputes over a boundary line between neighbors or serious domestic violence changes. The most common type of restraining order is for domestic violence.
Additionally, restraining orders vary temporally as well. Temporary restraining orders (TRO) are typically granted initially by New Jersey family courts before they hear the request and either grant or deny a final restraining order (FRO). This can all be done without any criminal charges have been filed against the defendant.
Restraining orders are governed under statutes from 2C:25-25-35 under the New Jersey legal code.
However, they are not criminal orders and are not intended to be punitive. The two types of restraining orders (a standard restraining order and a domestic violence order) are both forms of civil court orders. There is a type of criminal restraining order called a criminal no-contact order, which is always associated with pending legal charges against the defendant/target of the restraining order. These are often in place as a bail condition. The no contact order is put in place to prevent intimidation or witness tampering while the defendant is out on bail. If the defendant comes in contact with those parties in the no-contact order, their bail will be forfeited under most circumstances.
Nevertheless, violation of a restraining order is a serious criminal offense. It is a fourth degree felony, it may be accompanied by a disorderly persons offense and you may be held in contempt of court for violating the order. Fines or jail time may be levied depending on the circumstances.
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