What Happens if My Ex-Spouse Violates a Protective Order in New Jersey?

When you and your spouse say “I do” at the altar, the last thing you may envision is having to file a restraining order against them amid your divorce. Unfortunately, these circumstances do happen. As such, it’s important to understand what your legal options are in the event that your ex-spouse violates the order in place. The following blog explores what you should know about these difficult matters and the importance of working with New Jersey family law attorneys to help you fight for the best possible outcome.

What Is a Protective Order and What Constitutes a Violation?

A protective order is a court order implemented in instances of violence, assault, harassment, or threats. Generally, victims of domestic abuse can request protection through the court. As such, you may be granted a temporary order, which will remain in place until the final hearing has concluded, at which point the court may issue a final restraining order. Common orders include refraining from contacting the victim in any capacity, surrendering firearms, and avoiding locations where the victim will be.

Unfortunately, there are a number of ways in which someone can violate a protection order. This includes directly calling or texting a victim, using friends and family to communicate with a victim, showing up to the person’s home or place of work, or interfering with custody.

What Should I Do if My Ex Violates the Order?

If your ex-spouse violates the protective order you’ve taken out against them, it’s important to take the necessary steps to protect yourself. Generally, you should immediately contact law enforcement. Violations of these orders can constitute contempt of court, which is an arrestable offense. Next, you should immediately contact your attorney, as they can help you file a complaint with the court that issued the order.

You should be sure to document the violations by taking photos, screenshots, and keeping a documented log of where and when the violations occurred.

How Does a Violation Impact Custody?

In the event that your ex-spouse violates the custody order in place, it can result in serious issues if they share custody of your child. In matters related to custody, the courts in New Jersey will prioritize the best interests of the child above all else. As such, the violation of a restraining order, particularly when the violations come in the form of violence or harassment, may be used to show that remaining in the custody of the parent is not the best circumstance for the child. Even if the violation doesn’t directly impact the child, the court may question the judgment and rationality of the parent.

As such, the custodial parent may file an emergency motion to temporarily modify custody. Upon further review, the court may revoke or suspend visitation or joint custody until certain conditions are met, at which point the court can review whether or not to grant custody.

When your ex-spouse violates a protective order, it can be an incredibly scary time. That is why it’s in your best interest to connect with an experienced attorney to help guide you through this overwhelming matter. At Haber Silver Russoniello & Dunn, our legal team understands how difficult these matters can be for you and your family, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn how we can assist you.