No Contact Order in Jersey City Domestic Violence Case
A no contact order will typically be ordered by a judge as a condition of release if you have been charged with a crime of domestic violence. Under the bail reform, most arrests for domestic violence now require a detention hearing to assess whether the defendant should be released pending the outcome of the case and, if released, what type of conditions the court should impose during the pendency of the case in order to protect the alleged victim. This can cause a real issue for married couples, especially in situations where the husband or wife does not want to testify against the other or see them be prosecuted but the court forces them to stay away from each other by imposing a no contact order that neither really want. Our Hudson County domestic violence attorneys have seen this countless times and we are experienced in presenting persuasive arguments to the prosecutors and judges which can often secure a favorable release so there is not a contact order.
No Contact Order Instead of a Final Restraining Order
The other example where we come across no contact orders is during Final Restraining Order hearings where the plaintiff and defendant will consider entering into a mutual agreement not to contact each other. These situations often happen when the plaintiff is open to dismissing the restraining order because they do not want the other person to lose their job or face the repercussions of a Final Restraining Order but they still want some level of protection from the defendant in the future. In some circumstances where both people were married or have children together, the court may allow them to do an order called Civil Restraints that will normally go under a docket number and be signed by a job. However, if the plaintiff and defendant were only dating and did not have children then they cannot typically do a Civil Restraints agreement but may still enter into a no contact agreement outside of the court.
What Does a No Contact Order Look Like?
To give you an example we have provided a sample excerpt from a no contact order so you can understand what is typically involved
- Plaintiff agrees to voluntarily dismiss without prejudice the previously entered Temporary Restraining Order dated on Jan 1, 2020;
- Plaintiff and Defendant agree not to communicate in any manner with each other including but not limited to in person, text messages, telephone, email, etc.
- Parties shall not attempt to indirectly communicate with one another through Third Parties, nor should they disparage one another through any Third Party.
- In addition to an absolute bar on interpersonal contact between the parties, Defendant agrees to return to the possession of Plaintiff the following items:
- Any violation of this Order can be utilized as evidential in any subsequent application that Plaintiff may have in the filing of a Temporary Restraining Order and the facts and circumstances surrounding this present Temporary Restraining Order shall be submitted at that time in addition to any subsequent facts.