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.
Need to Speak to Lawyer About Contempt of a Restraining Order Case in Freehold NJ
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 180 Kings Highway in Middletown, just down 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.
What to know about Violation of a Restraining Order Charges 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. In order to secure a conviction for violating a restraining order, the prosecution will need to prove that the Defendant purposefully or knowingly violated any of the terms of a TRO or FRO.
What are the Elements for a Contempt of a Restraining Order Charge?
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.
As you can see from reading above, this is a very serious offenses and one that should not be taken lightly. There are countless ways that a Defendant can find themselves being charged with violating a restraining order.
Where do I go to Court for a Contempt of a Restraining Order Hearing?
Even though a contempt of a restraining order charge is criminal in nature and the standard of proof is beyond a reasonable doubt, all contempt proceedings involving disorderly persons offenses, conducted pursuant to N.J.S. 2C:29-9, will be heard in Chancery Division, Family Part of the Monmouth County Superior Courthouse. However, all contempt proceedings involving indictable offense will be heard in the Criminal Division of the Monmouth County Superior Courthouse.
How to Post Bail on a Contempt of a Restraining Order Charge in Monmouth County
Almost all contempt of a restraining order charges will be issued on a Compliant-Warrant and thus be subject to Bail Reform. That means that anyone arrested for and charged with violating a restraining order in Monmouth County will be taken to the County Jail for at least 24-48 hours so that Pretrial Services can conduct risk assessment. This risk assessment will be used by the Monmouth County Prosecutor’s Office to determine whether the defendant will be released at their Central Judicial Processing Hearing (CJP) or whether they will be seeking to keep them detained without bail, pending trial.
If they are seeking to keep a defendant detained pretrial without bail, they must file for a formal Detention Hearing. This hearing will be conducted approximately three (3) days after the defendant’s CJP hearing. At this hearing the Judge will hear from both the prosecution and defense counsel as to their position on bail. The ultimate decision to release the Defendant on bail will be up to the Judge. The very nature of these charges can make the decision to release the Defendant very difficult for a Judge.
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 if it is alleged that you committed a new crime in doing so. 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. If it is alleged that the Defendant violated the restraining order by simply not following the conditions imposed, like the “no contact provision”, then they will be facing a disorderly persons offense. Anyone convicted of a disorderly persons offense in New Jersey will be subject to a potential 6 months in the Monmouth County Jail and a fine up to $1,000. It is important to note here that 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.
Need to Consult with a Monmouth County Attorney About Violating Restraining Order
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.