Violation of a Restraining Order
Freehold NJ Violation of a Restraining Order Attorneys
New Jersey as a whole but Monmouth County in particular takes restraining orders very seriously. So you could image how seriously they take violations of restraining orders. As you will see below, a second or subsequent violation of a final restraining order in New Jersey will require a mandatory jail sentence, regardless how minor the violation was. In addition, depending on what the violation is for, a Defendant could also be facing additional criminal charges as well. If you have been served with a violation of a restraining order in Monmouth County, the Law Offices of Proetta & Oliver can help. Our office serves all of Monmouth County, including towns like Freehold, Holmdel, Middletown, Asbury Park, Rumson, Fair Haven, Little Silver, Atlantic Highlands, Aberdeen and Red Bank.
So whether you have been served with a violation of a restraining order for contacting the “victim” or by committing a new criminal offense like aggravated assault, harassment, stalking, terroristic threats, criminal mischief or trespassing, our office can help. These are serious charges in New Jersey and as such require the assistance of experienced Monmouth County domestic violence defense attorney. If you would like to come into our office for a face to face consultation then please contact us at (732)858-6959. Our office is located at 18 Kings Highway in Middletown, directly across the street from the Middletown Municipal Court. Also, our initial consultations are always free of costs, so if you have any questions whatsoever, please do not hesitate to ask. Now here is some more information on violations of restraining order charges.
Charged with a Violation of a Restraining Order in NJ?
First and foremost, even if the temporary restraining order (TRO) is dismissed outright or through a final restraining order hearing (FRO), if the a violation of restraining order is filed prior to, it is still a valid charge. In essence, a Defendant will be charged with a violation of a restraining order if they fail to either complete any of the programs imposed or if they violate any of the conditions imposed by the Judge. Violation of restraining order will be governed by NJSA 2C:29-9. All that would need to be established by the prosecution is that the Defendant purposefully or knowingly violated the terms of a TRO or FRO. Although a Defendant can violate a TRO or FRO in various different ways, the most common situations are:
- When the Defendant contacts the victim;
- When the Defendant fails to complete the court ordered counseling;
- When the Defendant commits a new act of domestic violence like:
- Terroristic Threats; or
- False Imprisonment.
If you have been served with violating an order of protection in Monmouth County, in towns like Hazlet, Manalapan, Matawan, Howell, Farmingdale, Belmar, Spring Lake, Oceanport and West Long Branch, the Law Offices of Proetta & Oliver can help. These are very serious offenses and as you can see they can occur for countless different reasons. That is why it is key that you speak to an experienced Monmouth County criminal defense attorney about your options.
Will I go to Jail for Violating an Order of Protection in NJ?
Judges tend to take violation of restraining orders very seriously. The main reason is most likely because when a Defendant violates a restraining order they are in essence doing exactly what the Judge specifically told them not to do. If you have been served with a violation of either a TRO or an FRO in New Jersey, you will be facing a fourth degree felony offense. A fourth degree felony offense is punishable by up to 18 months in the New Jersey State Prison, a fine up to $10,000 and a felony criminal contempt record. In addition, a second or subsequent violation of a restraining order conviction in New Jersey would require the Judge to impose a mandatory minimum of 30 days in the Monmouth County Jail.
Experienced Monmouth County Domestic Violence Attorney
The Monmouth County domestic violence defense attorneys at the Law Offices of Proetta & Oliver have been appearing in courts throughout the State representing clients accused of violating an order of protection. These are serious offenses that if not handled properly could play havoc on a Defendant’s life. Violations of restraining orders never go away, meaning that even if the second violation happens thirty years later and involves a totally different victim, the Defendant will still be facing a mandatory minimum of thirty days in the Monmouth County Jail. If you would like to speak with one of our attorneys today, then please contact our office at (732)858-6959. We can go over the specific facts of your case and formulate a game plan that works best to suit your needs.