Violating a New Jersey Restraining Order

Seasoned Restraining Order Attorneys Handling Contempt of Court Charges in Hudson County, New Jersey

New Jersey Restraining Order Violation

Unlike a restraining order, which is civil in nature in New Jersey, a violation of a restraining order is a criminal matter which results in an arrest and potentially a permanent criminal charge on your record if convicted of this offense. In addition to a criminal charge on your record, you are also facing potential jail time, probation, anger management classes, etc.

If you or a loved one has been charged with violating a temporary restraining order (TRO) or final restraining order (FRO) in New Jersey, the criminal defense lawyers at the Tormey Law Firm LLC can help. A violation of a restraining order in New Jersey is a criminal offense and can have serious long-lasting consequences including mandatory jail time on a second violation. As a result, it is imperative that you combat these serious charges by hiring an aggressive and experienced criminal lawyer to defend you. At the Tormey Law Firm, all we handle are criminal cases. Therefore, we focus all our time and energy on criminal law and protecting our clients rights in court. Contact our offices anytime for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.

Here is a review from one of our satisfied clients when we were able to get a contempt charge dismissed

“TRO Dismissal”

5.0 stars
Posted by Maria

“My brother had actually consulted and hired Mr Travis Tormey in regards to a TRO against him. Things got a bit more complicated whereas I needed to contact the law office several times and spoke with Joanne, who was extremely helpful, patient and totally understanding. When I had to speak to Travis I would text him and he would communicate with me in a timely fashion considering he was busy in court or had to wait to hear from his partners, who were also involved in the case. Overall the professionalism and expertise in their field was exceptional. In court they defended my brother with such compassion and dedication to their client. At the conclusion, case was dismissed thanks to both Travis and Tom. They demonstrated their strong capabilities and passion that I feel merit them a five star review. I would definitely recommend this law firm to anyone in need of legal advice or defense.”

Crime of Violating a Temporary or Final Restraining Order in New Jersey

Although a restraining order in NJ is a civil order, a violation of that restraining order is a criminal offense. Therefore, if you violate a temporary restraining order (TRO) you will be arrested and charged with contempt. Similarly, if you violate a final restraining order (FRO) in New Jersey, you will be arrested and charged with contempt. In fact, a violation of a TRO or an FRO is exactly the same charge.

The contempt will most likely be a disorderly persons offense punishable by up to six (6) months in the county jail and a $1,000 fine. However, if you are accused of committing a new crime when you allegedly violated the restraining order, the contempt charge is enhanced or elevated to a 4th degree felony charge punishable by up to 18 months in state prison. In addition, on a second contempt charge for violating a restraining order, it is mandatory that you serve a minimum of 30 days in the county jail.

Options for First Offenders Charged with Violating a Restraining Order

If this is your first criminal offense, you may be eligible for the Pre-Trial Intervention program or downgrade to a lower charge (such as a petty disorderly persons offense for harassment).

Reasonable Doubt Standard to Prove Violation of a Restraining Order

Because this a criminal charge for contempt, the State must prove your guilty beyond a reasonable doubt. To prove a violation of a TRO, they must show that you were properly served with the restraining order and you were aware it was in place. Then, they must show that you contacted the victim or had someone else do it on your behalf, whether it be by phone, text, email, snapchat, or in person.

Bail Review for Restraining Order Violation

If you have allegedly violated a restraining order in NJ, a complaint warrant will be issued against you. Once you are arrested and processed on the warrant, you will be taken to the county jail and you will wait to see a Judge for your bail review within 24-48 hours. At that bail review, one of two things will happen. If the State moves for detention, then the bail review will be conducted and you will remain in jail until the detention hearing (usually within 5 days). If the State does not move for detention, then the Judge will release you from jail with certain conditions which can include the following:

• Report to probation by phone
• Report to probation in person
• No contact with the victim
• House Arrest
• Ankle bracelet
• Curfew

A Detention Hearing for Contempt, Allegedly Violating a Restraining Order

If you are not released at the bail review because the State moved for detention, it means that the County Prosecutor’s office is asking the Judge to hold you or detain you while the case is going on. They believe that you are a danger to the community or a flight risk. The probation department will create a Public Safety Assessment (known as a “PSA”) for the Court which you scale you on a 1-6 scale on the risk of new criminal activity and the risk that the defendant fail to appear in court if released. The lowest scores on the scale are 1 and the highest scores on the scale are 6.

The Judge will review the facts of the case, the defendant’s prior criminal history (if any), the PSA, and the arguments of counsel (the State and the defense) and then determine whether or not the defendant should be released from jail.

Defense Lawyers for Violation of Restraining Order in Jersey City NJ

For additional information on restraining order violations in NJ, contact our criminal defense attorneys at The Tormey Law Firm LLC for immediate assistance at (908)-336-5008. Our lawyers have handled hundreds of these types of cases in basically every county in NJ. As a result, we can examine the facts of your case and develop a comprehensive defense strategy to combat your charges in court.