Restraining Order Violation Attorney Morristown NJ

Domestic Violence Defense Lawyers in Morris County, New Jersey

Violation of Restraining Order Morris County NJ Need Lawyer

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.

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 violecne 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.

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With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Morristown Location

55 Madison Avenue, Suite 400, Morristown, NJ 07960

(908) 336-5008 Directions

Areas we serve

All of Morris County including Boonton, Boonton Township, Butler, Chatham Borough, Chatham Township, Chester Borough, Chester Township, Denville Township, Dover, East Hanover Township, Florham Park, Hanover Township, Harding Township, Jefferson Township, Kinnelon, Lincoln Park, Long Hill Township, Madison, Mendham Borough, Mendham Township, Mine Hill Township, Mount Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive Township, Mountain Lakes, Netcong, Parsippany-Troy Hills Township, Pequannock Township, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury Township, Victory Gardens, Washington Township, and Wharton.