Understanding the Difference Between Civil and Criminal Orders of Protection in New Jersey

An Order of Protection, also known as a restraining order, is a legal tool used to protect individuals from harassment, abuse, or violence. In New Jersey, these orders fall into two main categories: civil and criminal. While both types aim to protect victims, their legal processes, eligibility requirements, and consequences for violations differ significantly. This article will explore the key differences between civil and New Jersey Expunge Order of Protection providing a clear understanding of how each type functions, who they protect, and how they are enforced.

Civil Orders of Protection in New Jersey

Purpose and Scope

Civil Orders of Protection, commonly referred to as restraining orders, are designed to protect victims of domestic violence or those threatened with harm by someone with whom they have a close personal relationship. These orders are sought in Family Court, and their main goal is to prevent future incidents of abuse or harassment. A civil restraining order can require the abuser to stay away from the victim, their home, or their place of employment, and it can also limit contact through phone calls, texts, or social media.

In New Jersey, a civil restraining order can be requested by anyone who is experiencing domestic violence, including but not limited to:

Spouses or ex-spouses

Romantic partners (current or former)

Family members (including parents, children, and siblings)

Roommates

Legal Process for Obtaining a Civil Order

To obtain a civil Order of Protection, the victim must file a complaint with the Family Division of the Superior Court. This complaint outlines the abusive or threatening behavior they have experienced. Typically, a judge will first issue a Temporary Restraining Order (TRO), providing immediate protection until a hearing can be held. During the hearing, both the victim and the alleged abuser (the defendant) have an opportunity to present evidence. Based on this hearing, the judge may grant a Final Restraining Order (FRO), which offers long-term protection.

Unlike other states where restraining orders may have a set expiration, in New Jersey, an FRO is permanent unless the victim requests it to be lifted or the defendant successfully petitions to have it dissolved.

Consequences for Violation

If the defendant violates a civil Order of Protection, they may face criminal charges for contempt of court. Penalties can include jail time, fines, and additional legal restrictions. Each violation is treated as a separate offense, and even minor breaches, such as sending a text message or showing up at a prohibited location, can result in serious consequences.

Criminal Orders of Protection in New Jersey

Purpose and Scope

Criminal Orders of Protection are issued in connection with criminal charges, usually in cases involving domestic violence, assault, stalking, or other violent crimes. These orders are typically requested by prosecutors as part of a criminal case to ensure the safety of victims and witnesses. While civil restraining orders focus on preventing future harm, criminal protective orders are part of the criminal justice process and serve as a condition of the defendant's release or bail.

Criminal Orders of Protection are generally issued in cases where the defendant is charged with a crime. Unlike civil restraining orders, which are sought by the victim, criminal orders are issued automatically as part of the criminal court process and remain in place for the duration of the criminal proceedings.

Legal Process for Obtaining a Criminal Order

A criminal protective order is usually requested by a prosecutor after the defendant has been arrested and charged with a crime. The judge may issue the order at the defendant’s initial court appearance or during a bail hearing. This order may impose similar restrictions as a civil restraining order, such as prohibiting the defendant from contacting the victim or requiring the defendant to stay away from certain locations.

The primary difference here is that the criminal protective order is tied to the criminal case and will generally last as long as the case is ongoing. If the defendant is convicted, the order may be extended as part of the sentencing.

Consequences for Violation

Violating a criminal Order of Protection is a serious offense in New Jersey and is considered a violation of the terms of the defendant’s release. If the defendant violates the order, they may face additional criminal charges, increased bail, or even revocation of bail, resulting in jail time. The violation of a criminal protective order can also negatively impact the defendant’s criminal case and lead to harsher penalties upon conviction.

Key Differences Between Civil and Criminal Orders of Protection

1. Initiation Process:

Civil Orders are initiated by the victim, who files a complaint in Family Court.

Criminal Orders are initiated by the state, typically as part of a criminal prosecution.

2. Court Jurisdiction:

Civil Orders are handled in Family Court, focusing on relationships between the parties.

Criminal Orders are handled in Criminal Court, often related to ongoing criminal cases.

3. Duration:

Civil Orders, particularly FROs, are generally permanent unless lifted by the court.

Criminal Orders last for the duration of the criminal case and may be extended based on the outcome.

4. Purpose:

Civil Orders primarily aim to prevent future harm and provide ongoing protection.

Criminal Orders are tied to ensuring the safety of victims and witnesses during a criminal prosecution.

In New Jersey, both civil and criminal Protective Order New Jersey serve vital roles in safeguarding victims from harm. While they share similarities in restricting the behavior of abusers or offenders, they differ in their legal processes, who requests them, and their duration. Understanding these distinctions is crucial for anyone involved in domestic violence situations, as it helps ensure the right protective measures are pursued based on the situation.