Restraining Order Violation Attorney Morristown NJ

Domestic Violence Defense Lawyers in Morris County, New Jersey

Violation of a Restraining Order in Morris County NJ

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 restraining order attorney may be able to help you avoid the most serious consequences. Whether you are accused of violating a Temporary Restraining Order or a Final Restraining Order, it is imperative that you understand the consequences of being convicted and craft a compelling defense of your innocence. Don’t get caught off-guard by the charges against you. At our firm, our highly experienced criminal and restraining order defense attorneys have successfully defended countless clients in domestic violence matters in Hanover, Florham Park, Boonton, Chester, Morris Township, and throughout Morris County. To discuss your restraining order violation case, contact us today at (908) 336-5008 for a cost-free consultation, or schedule an appointment at our Morristown office. One of our Morris County restraining order attorneys is standing by to answer your questions.

Violation of a Restraining Order in New Jersey: 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.

What Happens if you Violate a Restraining Order in NJ?

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.

Restraining Order Violations – A Warrant Complaint, Bail Review, Detention Hearing

If a restraining order violation (contempt charge) has been issued against you in Morris County, this charge must be issued on a warrant complaint. This means that, after you are processed on the charge (fingerprints, mugshot), you will be taken to the Morris County jail for housing. Then, within 24-48 hours, a Judge will review your bail. At the bail review, you will be released unless the State moves for detention. If the State moves for detention, they are asking the Judge to hold you while the case is going on because you are a danger to the community and/or a flight risk. This detention hearing will usually be held within 5 days.

The probation department will generate a Public Safety Assessment (known as a PSA) for the Judge which is a risk assessment scale based on the danger of new criminal activity and failure to appear in court. The scale is numbered 1 to 6 with 1 being the lowest score and 6 being the highest score. The Judge will consider the PSA, the nature of the charges, the strength of the State’s case, the defendant’s prior criminal history (if any), and the arguments of counsel and then decide whether or not the defendant will be released from the Morris County jail.

Violation of Restraining Order Morris County Court

Once the bail review and/or detention hearing is held, your case will then be listed for a status conference with the Judge and the Morris County Prosecutor’s office. In the meantime, the State will provide discovery which is all of the evidence they possess and intend to rely upon in court to try and prove the charge against you beyond a reasonable doubt. Discovery can include police reports, videos, text messages, emails, witness statements, etc. which tend to show that the defendant committed a violation of the restraining order.

Then, the Morris County Prosecutor’s office will make you a plea offer to try to resolve the case without going to trial. The plea can be to contempt with probation (if this is a first offense), domestic violence counseling, etc. Alternatively, they may agree to dismiss the charge if they carry it for a few months and the defendant completes counseling and commits no other violations.

Contact a Rockaway Restraining Order Defense Lawyer for Answers

If you or a loved one has been charged with contempt for violating a restraining order in Morris County or elsewhere in New Jersey, it is imperative that you contact an experienced domestic violence defense lawyer for help. The first step in avoiding the most severe penalties is calling us and learning more about your legal options and potential defense strategies to beat your case. You can reach our restraining order attorneys in Morristown at (908) 336-5008 for a free consultation about your case.