Anyone facing criminal charges involving a complaining witness who is released on bail may be released under a “no-contact condition,” and violating it could bring serious additional consequences.
A no-contact condition is a bail condition that prohibits direct or indirect contact with the alleged victim or another witness involved in the case. The no-contact condition lasts for the duration of a criminal case, and violating it at any point could lead to your arrest and the revocation of your bail. You might even face additional criminal charges for violating a no-contact order, and the judge should explain the consequences of a violation when setting this as a condition of your release.
For a free case discussion with our New Jersey criminal defense lawyers, call the Law Offices of John J. Zarych at (609) 616-4956.
What is a No-Contact Condition in New Jersey?
A no-contact condition is a very common pre-trial bail condition in New Jersey that restricts contact between a defendant and an alleged victim or another witness involved in a case.
If there is a no-contact condition as part of your bail, which is often the case, you may not contact the specific individual in person, online, or over the phone. Any and all contact is expressly prohibited, both digital and physical, including indirect contact through third parties.
How Long Does a No-Contact Condition Last in New Jersey?
If you are currently restricted by a no-contact condition as part of your bail while awaiting criminal charges in New Jersey, you need to know how long this restriction lasts so that you don’t unintentionally violate it.
Generally, a no-contact condition lasts for the duration of a criminal case unless a judge intentionally lifts or modifies it prematurely. The no-contact condition may be lifted automatically if the charges are dismissed or the defendant is acquitted.
If the defendant is convicted, the no-contact condition may remain in effect until the case is over, and might become a condition of probation or sentencing.
What Charges Involve a No-Contact Order for Bail?
No-contact conditions are not part of bail in every criminal case, and are more likely for offenses involving a specific victim.
Judges typically make no-contact conditions part of bail terms in cases involving domestic violence-related offenses, sexual offenses, harassment, stalking, and witness intimidation.
How Do No-Contact Conditions Differ from Temporary Restraining Orders in New Jersey?
No-contact conditions and temporary restraining orders serve similar purposes, but they are obtained and granted much differently.
Judges order no-contact conditions during criminal proceedings, typically as a bail condition. On the other hand, temporary restraining orders are part of civil proceedings, and they do not require a criminal charge to obtain.
No-contact conditions are typically broader, easier to obtain, and longer-lasting than temporary restraining orders, which require a pre-existing domestic relationship and last only 10 days, at which point a hearing for a formal restraining order is required.
How Do Defendants Learn About No-Contact Conditions in New Jersey?
If you are facing criminal charges in New Jersey, you need to know whether your release on bail includes a no-contact condition and what specific conduct it prohibits.
The judge will tell you if there is a no-contact condition included in your release on bail when bail is set. You may feel overwhelmed at this court appearance and struggle to remember the terms of a no-contact condition, which is why it is important to have our Brigantine, NJ criminal defense lawyers present so we can remind you of the terms throughout your case.
What Are Common No-Contact Condition Violations?
Even something that seems insignificant may violate a no-contact bail condition, so defendants should familiarize themselves with the most common violations to avoid them.
Any direct communication, such as phone calls, text messages, emails, or social media direct messages, is prohibited when bail terms include a no-contact condition.
Indirect communication is also prohibited, including any attempts to contact you through a third party or social media.
A no-contact condition might also prevent you from visiting certain locations that a witness frequents, so keep that in mind when you are out on bail and awaiting trial.
Can You Be Arrested for Violating a No-Contact Condition in New Jersey?
Violating the terms of a no-contact condition can have almost immediate ramifications for you, even before your criminal trial really begins.
You can be arrested for violating a no-contact condition in New Jersey, held in contempt of court, and have your bail revoked for the rest of the trial. If your bail is revoked, you don’t get the bail money you deposited back.
Can You Face Additional Charges for Violating a No-Contact Condition in New Jersey?
Violating a no-contact condition not only complicates your current case and charges, but might also lead to additional charges for contempt of court and extra penalties.
Furthermore, if you commit a separate criminal offense while violating a no-contact condition, such as stalking, harassment, or witness intimidation, you can be charged for that offense in addition to being held in contempt for violating the no-contact condition.
Can a Judge Lift a No-Contact Order During a Criminal Case?
While no-contact orders typically remain in effect for the duration of a criminal case, there are rare situations when a judge might lift a no-contact condition prematurely.
If a no-contact order is especially unfair to you, in that it effectively displaces you from your home or separates you from your children, our lawyers may file a petition to lift or modify bail conditions.
Judges rarely lift no-contact orders prematurely, but may do so at the request of an alleged victim who has recanted their story.
Discuss Your Case for Free with Our Criminal Defense Attorneys
For a free case review from the Cape May, NJ criminal defense lawyers at the Law Offices of John J. Zarych, call us today at (609) 616-4956.
