Morris County NJ Restraining Order Violation Attorney
Domestic Violence Defense Lawyer Located in Morristown, New Jersey
New Jersey prosecutors take restraining order violations very seriously. If a restraining order was issued against you and you later violated the terms of the restraining order, you could be looking at severe penalties, including prison time. However, an experienced criminal defense attorney may be able to help you avoid the most serious consequences.
Travis J. Tormey is a skilled and knowledgeable criminal defense and drunk driving (DWI) attorney who has extensive experience representing clients charged with domestic violence offenses, including aggravated assault, harassment, and kidnapping. Mr. Tormey appears on a daily basis in Superior Courts and Municipal Courts across northern New Jersey, including Denville, Dover, Morristown, and Parsippany. As a result, he’s developed great relationships with prosecutors and judges who value and respect his work. Moreover, Mr. Tormey has successfully defended clients at Final Restraining Order (FRO) hearings in NJ courtrooms for many years
If you or a loved one is facing a Temporary Restraining Order (TRO), it is imperative that you understand the consequences of being convicted. Don’t get caught off-guard by the charges against you. Contact Mr. Tormey’s Morristown office anytime at 866-949-6948 for a free consultation. Mr. Tormey is available to assist you immediately.
Violation of a Restraining Order: N.J.S.A. 2C:29-9
A criminal charged for violating a restraining order is a contempt charge, which is governed by N.J.S.A. 2C:29-9. The statute provides, in pertinent part:
§ 2C:29-9. Contempt.
a. A person is guilty of a crime of the fourth degree if he purposely or knowingly disobeys a judicial order or hinders, obstructs or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person, thing or controversy by a court, administrative body or investigative entity.
b. Except as provided below, a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense. In all other cases a person is guilty of a disorderly persons offense if that person knowingly violates an order entered under the provisions of this act or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States. Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29) or substantially similar orders entered under the laws of another state or the United States shall be excluded from the provisions of this subsection.
Penalties for Violation of a Restraining Order in New Jersey
Typically, a violation of a restraining order is a disorderly persons offense, which is punishable by up to six months in the county jail. However, if the violation of the restraining order is based on a serious criminal offense such as assault, terroristic threats, or stalking, the contempt charge is elevated to a fourth degree offense, which is punishable by 18 months in NJ State Prison. Additionally, a conviction will result in you having a felony charge appear on your permanent criminal record.
Contact a Rockaway NJ Restraining Order Defense Lawyer for Answers
If you or a loved one has been charged with domestic violence criminal offenses or you are facing a restraining order in New Jersey, it is imperative that you contact an experienced criminal defense lawyer for help. Since the domestic violence charge and the restraining order require two separate and distinct proceedings, it may be possible to have the criminal charge dismissed but the final restraining order issued – and vice versa. The first step in avoiding the most severe penalties is calling Mr. Tormey. You can reach him at his Morristown office location 24 hours a day at 866-949-6948 for a free consultation about your case.