Being issued a protective order is a big deal, and violating the terms in any way can have significant consequences. If you violate a restraining order in New Jersey, you must secure skilled legal representation. Continue reading and reach out to a Mercer County criminal defense lawyer for skilled counsel.
What is a Restraining Order?
A restraining order is a legal order issued by a court to protect an individual from harm or harassment. These orders are generally issued in cases involving harassment, stalking, threats, or domestic violence.
There are two main types of restraining orders issued in New Jersey: a TRO (temporary restraining order) and an FRO (final restraining order). A TRO is a short-term order and does not require a hearing; it can be granted immediately. These generally last for 10 days or until a hearing is scheduled.
An FRO is a long-term order issued after a hearing where both parties present evidence for their case. It can last indefinitely but may be modified or dismissed by the court if circumstances change.
Either of these orders can require the restrained person to stay away from the protected person’s home, job, and other locations, refrain from contacting the person via phone, text, email, social media, or in person, surrender any firearms they may own, complete counseling, and more.
What Happens if You Violate a Restraining Order in NJ?
In New Jersey, violating a restraining order is a serious offense that can lead to criminal charges. Under NJ 2C:29-9, you can be charged with criminal contempt for violating the terms of a protective order.
Contempt is generally charged as a disorderly persons offense, New Jersey’s terminology for a misdemeanor. This crime is punishable by up to 6 months in jail and fines of up to $1,000. However, the charges could be increased to a third or fourth-degree crime (felony) depending on the details of the situation.
As a fourth-degree offense, you can incur 18 months of imprisonment and $10,000 in fines. A third-degree criminal contempt charge can result in a prison sentence of up to 5 years and $15,000 in fines.
What Defenses Are Available?
If you are being charged with contempt for violating a restraining order, it is imperative that you contact a skilled attorney to discuss possible defenses. Some potential arguments include the following.
- You lacked the knowledge that you had been served with a restraining order
- You did not realize you were in violation and did not intend to do so
- The order had unclear or ambiguous terms
- You are being falsely accused of violating the order
A skilled criminal defense attorney can use the above and more to argue your innocence. To learn more about your legal rights and options, contact an experienced criminal lawyer today.
