What Happens if I Violate a Protective Order in New Jersey?
Posted July 10th, 2025.
Categories: Blog.
Orders of protection are issued to prevent harm from coming to an individual who has experienced harassment, stalking, or abuse. Continue reading to discover what can happen if you violate a protective order and reach out to a New Jersey criminal defense attorney for representation today.
What is a Protective Order?
A protective order is another term for a restraining order or order of protection. These court-ordered legal tools are designed to prevent an individual from harming another person. Depending on the type of order issued, the respondent may be required to abide by the following.
- Having no contact with the petitioner
- Not coming within a certain distance of the petitioner
- Moving out of a shared home
- Forfeiting the right to own or possess a firearm
- Temporarily giving up custody of shared children
- Paying spousal support
- Paying child support
- Attending counseling or therapy
New Jersey courts can issue two types of protective orders, either a TRO or FRO. A TRO is a temporary restraining order, which can be issued in emergency situations without the presence of the respondent. The TRO will typically be valid for 10 days or until the next time the individuals appear in court.
An FRO is a final restraining order. This order is “permanent” and valid unless one of the parties requests that it be thrown out. FROs can only be issued at a hearing after the court is presented with substantial evidence of the potential harm.
What Happens if I Violate a Protective Order in NJ?
When you violate a protective order, you are guilty of contempt. Contempt is a serious offense and can result in a variety of legal repercussions. New Jersey Statute N.J.S.A. 2C:29-9 describes contempt as the following.
“A person is guilty of a crime if he purposely or knowingly disobeys a judicial order or hinders, obstructs or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person, thing or controversy by a Court, administrative body or investigative entity.”
To be convicted of contempt, it must be proven that an order of the court was entered, you knew that the order existed, and that you purposefully disobeyed the terms of the order.
Any restraining order issued by an NJ court is legally enforceable. Acting in opposition to a direct court order is illegal and, depending on the specific circumstances of the offense, can be charged as a disorderly persons offense or fourth-degree indictable crime.
As a disorderly persons offense, contempt can result in up to 6 months in jail, fines of up to $1,000, and a criminal record. More severe violations like stalking or physical contact could result in fourth-degree charges including a $10,000 fine, up to 18 months in state prison, and probation.
To learn more about your legal rights and options after a violation, reach out to an experienced attorney today.
