New Jersey Restraining Order Defense Lawyer
Restraining orders can ruin reputations, damage relationships, and even lead to criminal charges. If you have been served with a restraining order in New Jersey, you cannot afford to waste time or try to handle it alone. Final restraining order hearings happen quickly, and you may only get one chance to fight back.
At William Proetta Criminal Law, we defend people across New Jersey facing restraining orders. We know how to challenge weak claims, present solid evidence, and protect your rights at every stage of the case. Do not wait to get our experienced team on your side.
Contact us now for a free consultation that is completely confidential and comes with no strings attached. We are available 24/7 to take your call and help you through the next steps.
How Our Restraining Order Lawyers Can Help If You’re Facing a Restraining Order
If you’re facing the possibility of a restraining order or have already been served with one, do your best not to panic. You have the right to defend yourself, and swift action can make a difference.
A judge can issue a temporary restraining order (TRO) without hearing your side of the story, but that’s not the end of the process. The next step involves a hearing, which often occurs within days of the court granting the TRO. That is the point in your case where legal support can make all the difference.
At William Proetta Criminal Law, we focus exclusively on criminal defense. We are not a general practice firm that handles criminal law as an occasional side hustle. Our lawyers have built our entire practice around defending clients in New Jersey criminal courts. We have handled thousands of cases in courts across the state, and we know how local judges and prosecutors approach restraining order hearings.
When you work with us, you will deal directly with a skilled defense attorney who understands the law, knows the local courts, and takes your case seriously from the start.
We prepare each defense strategy based on the facts and the law. Depending on your situation, we may, for example:
- Present evidence showing that no act of domestic violence occurred
- Challenge whether the accuser qualifies for protection under state law
- Demonstrate that what happened does not meet the legal standard for a final restraining order
- Point to false allegations or evidence of self-defense
Restraining order hearings move fast and can have life-changing consequences. If you’re facing one, contact us right away so we can start protecting your rights now.
What Actions Can Lead to a Restraining Order?
New Jersey’s Prevention of Domestic Violence Act allows courts to issue temporary or final restraining orders (FROs) if a person has allegedly committed certain acts against someone who has a qualifying relationship with them. Specifically, the accused and the accuser must be current or former spouses, household members, or dating partners, or must share a child or be expecting a child together.
If a qualifying relationship exists, the court may issue a TRO or FRO if it has reason to believe that the accused might have committed any of the following acts:
- Violent acts like assault, homicide, robbery, kidnapping, criminal restraint, false imprisonment, and any other act that puts someone at risk of serious injury or death
- Sex-based offenses, including sexual assault, criminal sexual contact, and lewdness
- Threats and controlling behavior like terroristic threats, stalking, criminal coercion, or harassment, whether these occur in person, over the phone, or online
- Property and entry crimes like criminal mischief, burglary, and criminal trespass
- Cyber-harassment, which often involves sending threatening or harmful digital messages
- A restraining order violation, if it counts as a criminal offense or disorderly persons charge
Top Things to Avoid When Served a Restraining Order
If you’re facing domestic violence allegations or have been served with a restraining order in New Jersey, your next steps matter. Judges take restraining order violations seriously, and a single mistake can lead to new criminal charges or make it harder to defend yourself at future hearings.
Here are some of the most important things to avoid:
- Do not contact the other person. That includes calls, texts, emails, social media messages, or even having someone else reach out for you. Even if the alleged victim contacts you first, responding could land you in court for contempt.
- Do not go near places listed in the order. If the restraining order says to stay away from someone’s home, job, or other location, keep your distance. You could get arrested if you show up at the wrong place, whether it is on purpose or not.
- Avoid talking about the case online. Posting about the accuser or the situation on social media could hurt your case and might even count as harassment under the terms of the order.
- Do not ignore the hearing. A temporary restraining order is not a final decision. You will have the right to tell your side at a hearing, but only if you show up prepared. Missing the hearing or trying to wing it could result in a final order being entered without any pushback.
- Never try to get your things on your own. If you left belongings at a shared home, do not go back without court permission or a police escort. The order may block you from entering the premises, and a violation could lead to your arrest.
- Do not carry any weapons. If the judge ordered you to surrender firearms or other weapons, follow that order to the letter. Keeping prohibited items could lead to serious charges.
Potential Restraining Order Violation Consequences in New Jersey
If you are accused of violating a restraining order in New Jersey, the court will move quickly to hold a contempt hearing, which is a type of criminal proceeding. You will appear in court, and the judge will review the evidence to determine whether you violated the terms of the order by doing anything the order prohibited. The court does not need much to charge you with contempt – only enough proof to show that you acted on purpose or knew what you were doing.
Depending on the circumstances, you could face charges for a disorderly persons offense or a fourth-degree crime. Penalties may include steep fines, a criminal record, and possible jail time.
If you are facing a contempt charge, take it seriously and get legal assistance from our New Jersey restraining order lawyer right away.
Contact Our New Jersey Restraining Order Defense Lawyers Now
Every restraining order starts as temporary, but it does not always stay that way for long. If you do not act quickly, the court could enter a final order that changes your life.
Contact William Proetta Criminal Law now for your free consultation, and let us help you stop a TRO from turning into an FRO.