Charged With Contempt For Violating A Restraining Order? Contact Our Mays Landing Criminal Defense Firm To Obtain The Benefit Of Our 150 Plus Years Of Experience Including Decades Serving as Prosecutors
You absolutely need to hire the best restraining order defense lawyer you can find if you have been charged with a contempt offense in Atlantic County. The reason is because N.J.S.A. 2C:29-9 makes it a fourth degree crime, a felony, to knowingly violate any provision of an order issued in accordance with the New Jersey Prevention of Domestic Violence Act of 1991. Hiring a criminal attorney who is highly skilled in defending restraining order violations at the Criminal Division of the Atlantic County Superior Court in Mays Landing New Jersey can make all the difference between serious consequences and an acquittal.
We are the Law Offices of Jonathan F. Marshall, a powerhouse defense firm with decades of experience representing clients accused of violating restraining orders. A significant portion of the time in practice of our ten (10) criminal lawyers has been serving as prosecutors. If you are looking for a team of dedicated attorneys with exceptional qualifications, we are here to discuss how we can help you avoid a conviction for violating a restraining order in Atlantic City, Hamilton, Mays Landing, Egg Harbor Township, Galloway, Hammonton or another Atlantic County municipality. Contact our office at (609) 616-0020 for a free consultation with an Atlantic County violation of a restraining order defense lawyer at our firm.
How Does The Atlantic County Prosecutor’s Office Prove A Contempt Case?
Whether a person is subject to a temporary restraining order (“TRO”) or a final restraining order (“FRO”) based on an accusation of domestic violence in Atlantic County, the restricts are the same. The individual can have no contact whatsoever with his accuser or he/she risks arrest under N.J.S.A. 2C:29-9 for violating the restraining order. Three elements must be established, beyond reasonable doubt, in order for the state to convicted for a restraining order violation. First, the prosecutor must demonstrate that there was a temporary or final restraining order in effect. Second, it must be established that the accused violated a term of the order, for example, the prohibition against communication with the “victim”. Please note that there are, however, certain terms of a restraining order that are not subject to contempt sanctions. Provisions of a restraining order are not subject to violation proceedings if they involve failure to pay child support or make monetary payments, provide parenting time or obtain counseling. Assuming the provision is not excluded in this manner, the third element that the prosecutor must prove is that the accused’s conduct intentional; in other words, the defendant must have been aware of the existence of the restraint(s) and have possessed the conscious object to engage in the conduct.
What Are The Penalties If Someone Is Convicted Of Violating A Restraining Order?
The penalties that are triggered for contempt depend on the nature of the restraining order violation and specifically whether the conduct constitutes a separate offense criminal offense. If the conduct constitutes harassment, simple assault, terroristic threat or another criminal violation, the contempt is a fourth degree crime that is heard in criminal part of the Superior Court in Mays Landing. If the violation is the result of an email, telephone call or similar conduct that does not rise to the level of constituting a new criminal case then the contempt is a disorderly persons offense.
The penalties for fourth degree criminal contempt include a fine of up to $10,000 and up to 18 months in prison. A disorderly person offense for violating a restraining order results in up to 6 months in the county jail and a fine of up to $1,000. You should also know that a second or subsequent restraining order violation triggers a mandatory period of incarceration of at least 30 days.
Mays Landing Criminal Contempt Attorneys
A criminal contempt charge can have significant negative consequences and this is why it is so important for you to retain the best Atlantic County violation of a restraining order defense lawyer you can find. We believe that the attorneys at our Mays Landing law firm represent an excellent option for you. Our team is one of the largest in the state, has more than a century of collective experience and has successfully defended hundreds of restraining order violations in Atlantic County, include individuals arrested and charged in Galloway, Hamilton, Hammonton, Egg Harbor, Mullica and Atlantic City. An attorney that has extensive knowledge to win your restraining order violation case is available around the clock to take your call. Contact us at (609) 616-0020 to speak to one of our lawyers immediately.
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