This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.
New Jersey USLegal Guide on Restraining Orders and No Contact Orders
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US-GDE-09
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Under 2C:28-6, Tampering With or Fabricating Physical Evidence charges in NJ, you can be sentenced to up to 18 months in prison, and pay fines of up to $10,000 for altering, destroying, concealing, or removing any document, record, object, or other physical thing for the purpose of hindering an investigation.
1991, c. 261 (C. 2C:25-29) to have committed an act of domestic violence shall be ordered by the court to pay a civil penalty of at least $50, but not to exceed $500. In imposing this civil penalty, the court shall take into consideration the nature and degree of injury suffered by the victim.
New Jersey Statutes ? Title 2C The New Jersey Code of Criminal Justice ? 2C:25-19 Definitions discusses domestic violence. Domestic violence means the occurrence of one or more of the following acts inflicted upon a person protected under New Jersey Statutes by an adult or an emancipated minor: Homicide N.J.S.
Civil Restraints in New Jersey This is an alternative method that allows the parties to settle domestic violence cases without a trial, and without the need to progress to the hearing on a final restraining order.
A judge may issue a no-contact order in many criminal cases, but it is often also implemented in family law cases. Such an order prohibits any contact between the defendant and an alleged victim. Notably, it is important to understand the distinction in New Jersey law between a no-contact order and a restraining order.
Voluntary dismissal: In these cases, the victim comes forward and decides that he or she no longer wants the restraining order in place. He or she must voluntarily come forward and tell the court that they want the restraining order removed.
2C:25-28 Filing complaint alleging domestic violence in Family Part; proceeding. 12. a. A victim may file a complaint alleging the commission of an act of domestic violence with the Family Part of the Chancery Division of the Superior Court in conformity with the Rules of Court.
The officer will also arrest the defendant if they refuse to comply with the order. If a temporary restraining order has been issued but hasn't been served upon the defendant because they could not be located and they are not at the premises, police must attempt to locate the defendant as soon as possible.