Violation of a Restraining Order

Bridgewater NJ Restraining Order Attorney

If you are subject to a temporary or final restraining order and violate any of its terms, you can arrested and charged with contempt. This offense is commonly referred to as violation of a restraining order. Make no mistake about it, this is a criminal charge that can have significant ramifications. A conviction under N.J.S.A. 2C:29-9 is a fourth degree crime, a felony, which carries a state prison sentence and thousands of dollars in fines. It is therefore abundantly important that you enlist a knowledgeable defense attorney if you have been accused of a restraining order violation in Franklin, Branchburg, Bound Brook, Hillsborough or North Plainfield.

The attorneys at The Law Offices of Jonathan F. Marshall can help you successfully defend allegations that you violated a temporary restraining order or final restraining order. As former prosecutors who have been practicing criminal defense for over 100 years combined, we know that there are always two sides to every story. There clearly are situations where claims of communication or contact are totally trumped up and others where they are exaggerated. Our lawyers will fight to make sure you avoid a record or any of the penalties that apply to this charge. An attorney is ready to speak to you immediately in a free consultation by calling our Bridgewater Office at 908-722-1011.

Penalties If You Are Convicted Of Violating A Restraining Order

As previously stated, New Jersey Law imposes some rather stiff penalties if you are found guilty for criminal contempt. This happens if the prosecutor proves, beyond reasonable doubt, that: (1) a order of protection (a.k.a. restraining order) was entered by the court; (2) you knew of the existence of the order; and (3) you purposely or knowingly disobeyed the order or hindered, obstructed or impeded it. The standard penalties for fourth degree contempt are a fine of up $7,500 and imprisonment for as much as eighteen (18) months. In addition, where the accused has a prior restraining order violation on his or her record, a new conviction triggers a mandatory jail term. The defendant must serve at mandatory minimum sentence of thirty (30) days for a second or subsequent domestic violence contempt offense. It is important to keep in mind that these penalties concern a contempt conviction alone and apply in addition to what may be triggered if the accused is convicted of a new act of domestic violence against the plaintiff. For example, if the accused commits simple assault, terroristic threats, or harassment, they face the penalties for that charge on top of those that are triggered for making contact in violation of the temporary restraining order or any final restraining order that was in place at the time.

Somerville NJ Restraining Order Violation Lawyer

As you have learned, a negative outcome in your contempt case can seriously effect your life. You could easily be sent to the county jail and even to state prison. Given these potential consequences and the fact that you already have a temporary or final restraining order in place against you, there is no doubt that a skilled lawyer is imperative. At The Law Offices of Jonathan F. Marshall we have a team of attorneys who are highly equipped to defend you irrespective of the circumstances that resulted in your arrest in Bridgewater, Bernards, Montgomery, Warren or another municipality in Somerset County, an attorney at our firm is amply equipped to represent you. So call our firm now to speak to a Somerville restraining order violation lawyer that can help you. We can be reached 24/7 at 908-722-1011.