What is the definition of a "no contact order" in NJ? (For the charge of aggravated assault with a weapon between neighbors)

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Does it mean I could be forced out of my home? This is the only residence in the area with no family members. For background, two next door neighbors were having a verbal disagreement when one neighbor brandished a weapon. They never raised it or used it. The court ordered no contact.

Attorney Answers

3
Savyon Grant ·
No, they can't force you out of your home with a no contact order. What kind of weapon was being brandished? That can be a 2nd degree crime with mandatory jail time. Please hire a lawyer and do not speak to anyone.
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Joshua Reinitz ·
The court should have specified what it expects of the parties in its no contact order. Usually, it requires that both parties refrain from contacting each other intentionally, whether directly, indirectly, or through a third party. You shouldn't be forced from your home unless the parties live together. I agree with the attorney above in that you should consult a qualified criminal defense attorney. Best of luck. Joshua H. Reinitz, Esq. Iacullo Martino, LLC (973) 235-1550 [email protected] If you find this response helpful, please click on the “thumbs up” button at the bottom. Disclaimer: The information here is general and not intended to be construed as legal advice or form an attorney-client relationship. For specific advice contact a qualified attorney.
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Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
I agree with my colleagues. You should contact an attorney, this could be very serious and you did not give enough information for me to tell. I do not know if the no contact order is a condition of bail or a ruling on the case itself. If the former, then the case is still going. if the latter, then the case is over, and just stay away from your neighbor. Municipal Judges do not have the right to issue restraining orders outside DV cases. This is not a DV case. A new case says you have to abide by the order even if it does not have authority. Go figure. It means you can get that lifted but don't violate it until you do. A handgun would make this very serious, especially if it is not registered. N.J. allows for the defense of property and yourself, but you can not use deadly force in the first instance, and can only meet equal force with equal force in the second. More complex than you thought. Call me with more info and I'll tell you the situation more exactly. 908-687-6650
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