If a protective order is violated in New Jersey, the aftermath can be confusing and alarming. When an ex breaches your protective order, the safety of you and your family may be jeopardized, leaving you unsure of how to proceed legally. Please continue reading as we delve into what happens if your ex violates a protective order and highlight the role of our experienced Monmouth County Domestic Violence Attorneys in enforcing the court’s decree.
What Constitutes a Violation of a Protective Order?
A violation of a New Jersey Temporary Restraining Order (TRO) or Final Restraining Order (FRO) is broadly defined and strictly enforced. It includes any form of contact or communication, such as:
- Direct Contact: Phone calls, text messages, emails, or direct messages on social media.
- Indirect Contact: Sending messages through mutual friends, family members, or third parties.
- Physical Contact: Showing up at your home, workplace, or any location where you are present.
It is important to understand that New Jersey law considers all forms of contact a serious offense. Even contact that is deemed “accidental” or unintentional can be considered a violation, underscoring the severity and protective nature of these orders. An FRO imposes permanent, court-mandated restrictions on the defendant. Under an FRO, the following behaviors are automatically illegal:
- Harassment and Threats: Any attempt to initiate, threaten, or communicate hostility.
- Stalking and Monitoring: Following, tracking, or repeatedly observing the protected person.
- Prohibited Approach: Showing up at the victim’s home, workplace, school, or other frequented locations.
- Electronic Surveillance: Accessing or attempting to access the victim’s social media accounts, email, phone records, or other digital spaces.
What Should I Do if My Ex Violates a Protective Order?
For any restraining order to be effective and for any violation to be successfully prosecuted, comprehensive documentation is crucial. Victims should proactively collect and preserve all evidence related to abuse or violations, including:
- Screenshots of text messages, emails, or social media posts.
- Police reports related to incidents or violations.
- Voicemail recordings or call logs
- Witness statements from individuals who observed the abuse or violation.
Violating a restraining order necessitates an arrest. After police involvement, you retain the right to file your own criminal complaint. It is essential to maintain detailed records, noting all dates, times, and specific behaviors. This detailed timeline is crucial for establishing facts, particularly if the case progresses or involves modifications to child custody arrangements.
As you can see, violations of a protective order carry severe penalties, and you are not obligated to face this challenge by yourself. Legal counsel is often essential when violations impact critical areas like child custody, housing, employment, or personal safety. At Paone Zaleski & Murphy, we are prepared to help protect your rights. Connect with our firm today for guidance and skilled representation.
