No Contact Orders in Middlesex County Domestic Violence Cases
Whenever police respond to a residence or scene where there are allegations of domestic violence they will go over the victim’s rights with each alleged victim, which can include their right to file a Temporary Restraining Order “TRO” for their protection. However, this decision lies solely with the victim and he or she can just as easily choose to not file a TRO if they do not want to. It is important to recognize the difference between a TRO and a criminal charge where the police decide to file the criminal case even if the alleged victim does not want them to arrest or charge the defendant. Under this same logic, in situations where a victim of domestic violence does not want to file a TRO, a judge can make a “no contact order” a condition of the defendant’s bail as to any criminal charges that arose from the domestic violence incident.
This means that even if the alleged victim and defendant actually want to communicate they are not allowed to because the judge has ordered the parties cannot speak directly, through third parties or other means such as social media while the criminal case is still pending. This creates quite the predicament when the alleged victim and defendant are married, live together, or have children. If the defendant is caught communicating with the victim in violation of the judge’s order then the judge can revoke the defendant’s bail and make him sit in jail while the case is pending.
In our Middlesex County law practice, our experienced domestic violence lawyers often see bail conditions such as no contact orders whenever the allegations of domestic violence are serious. If the facts allow, our attorneys can often get the no contact order lifted before the ultimate resolution of the case, if the parties want to communicate and try and repair their relationship. This is important because it is not uncommon for a domestic violence case involving Simple Assault, for example, to take at least 3 to 6 months to ultimately resolve. This means that if the no contact order remained it place then the parties would not be able to communicate during that entire time even if they wanted to. In this scenario, an experienced restraining order defense lawyer can review the facts and circumstances of your case and advise the best way to move forward.
Contact Old Bridge NJ Restraining Order Lawyers for Answers
If you or someone you love is involved in a domestic violence and/or restraining order case in Middlesex County, the outcome can spell short-term and long-term consequences for your life. With offices in Edison, our highly experienced domestic violence attorneys regularly represent clients in criminal cases and restraining order hearings in Edison, Old Bridge, New Brunswick, Plainsboro, Metuchen, and throughout Middlesex County. To learn more about your legal options and receive a cost-free consultation about your specific situtation, contact our office today at (732) 659-9600 for a free consultation.