Alleged Murderer in Cumberland County NJ Also Accused of Violating Restraining Order

Cumberland County Murder Suspect Also Charged with Restraining Order Violation

Cumberland County Domestic Violence Homicide ChargesThe man who is currently being sought by New Jersey law enforcement for murdering his estranged wife has also been charged with a separate criminal offense of violating a restraining order.

According to police records, Jeremiah Monell “did knowingly violate a final restraining order by being at the residence” and was “involved in a domestic dispute, causing injury to the victim which resulted in her death.” Specifically, Monell allegedly went to Tara O’Shea-Watson’s home on December 18, 2016, in violation of a restraining order, and stabbed her multiple times. Now, along with a charge of first degree murder, Monell has also been charged with weapons offenses and violating a restraining order. His bail has been set at $1 million.

Pursuant N.J.S.A. 2C:35-30, the Prevention of Domestic Violence Act (PDVA) criminalizes the violation of a restraining order. Specifically, under N.J.S.A. 2C:29-9(b), a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in a restraining order entered under the provisions of the PDVA 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 a restraining order. For example, if the violation is not in itself a crime or an offense, such as merely a text message or a phone call, then the defendant will be charged with a disorderly persons offense. However, as in Monell’s case, if the violation is in itself a crime, such as murder, or a disorderly offense like harassment or simple assault, then the defendant will be charged with a fourth degree felony.

In general, under New Jersey’s criminal code, a fourth degree crime is punishable by up to a $10,000 fine and 18 months in prison, while a disorderly persons offense, or a nonindictable offense, is punishable by up to a $1,000 fine and six months in jail. However, under N.J.S.A. 2C:25-30, the PDVA also mandates that any person convicted of a second or subsequent nonindictable domestic violence contempt offense shall serve a minimum term of not less than 30 days in jail, without exception. Thus, if you are charged with contempt for violating a restraining order after you have been previously convicted of contempt of a restraining order, you face severe penalties that include a mandatory minimum of 30 days in jail.

Violation of Restraining Order in Cumberland County NJ

If you are dealing with a restraining order situation and you have been charged with contempt, contact the domestic violence attorneys at the Tormey Law Firm to learn more about the consequences of violating a restraining order.