What To Do if Faced With a Domestic Violence Restraining Order
Domestic violence is a grave issue with profound implications for all parties involved. Allegations of abuse can lead to life-altering consequences, especially when a domestic violence restraining order (DVRO) is issued against the accused. In New Jersey, such orders are taken very seriously and are intended to protect victims from further harm. However, it’s not uncommon for these allegations to arise in the context of heated divorce or custody disputes, where emotions run high, and one party may seek an advantage by accusing the other of abuse. In other cases, a single domestic disagreement that spiraled out of control might lead to a restraining order, even in the absence of a sustained pattern of abuse.
If you find yourself facing a domestic violence restraining order, you need to understand the gravity of the situation and the legal steps you can take. A restraining order not only limits your ability to contact the alleged victim but can also have far-reaching effects on your personal and professional life. The stigma associated with domestic violence allegations can be damaging, making it essential to engage the services of an experienced criminal defense attorney who can advocate on your behalf.
One of the most critical points to remember is that violating a restraining order, even unintentionally, can lead to severe penalties. In New Jersey, knowingly violating the terms of a DVRO is considered criminal contempt, a fourth-degree crime that carries a potential sentence of up to 18 months in prison and a fine of up to $10,000. Therefore, it is imperative that you strictly adhere to the terms of the order, even if the circumstances have changed, such as the alleged victim deciding not to pursue the matter further.
If both parties have reconciled and the alleged victim no longer wishes to maintain the restraining order, the process to have it dismissed is not as simple as mutual agreement. The defendant must navigate the legal system carefully, with the assistance of a skilled attorney, to request the dismissal of the order. This involves scheduling a court date with the Family Division of the Superior Court, where the judge will evaluate whether there is sufficient cause to lift the restraining order.
During the hearing, the judge will consider several factors, including the original circumstances that led to the issuance of the restraining order and whether the defendant poses any ongoing risk to the plaintiff. The defendant must present compelling evidence to demonstrate that they are no longer a danger and that the order is no longer necessary. This is where an experienced New Jersey domestic abuse attorney can be invaluable, guiding you through the process and helping to build a strong case for the dismissal of the restraining order.
For help opposing domestic violence charges and fighting restraining orders, call the Law Offices of David Jay Glassman at 856-596-8778 or contact us online. From our offices in Marlton, Hackensack, Newark, and New Brunswick, we represent clients throughout New Jersey.