Restraining Order Violation Attorneys in Passaic County, New Jersey
Paterson NJ Lawyers for Clients Charged with Contempt
Have you been charged with contempt in Clifton, Paterson, Wayne, Little Falls, or another town in Passaic County? Do you need a lawyer to fight to get these charges dismissed? Contact us now for immediate assistance from an experienced lawyer who can advise and defend you in court. Our firm has accumulated a lengthy list of dismissals in cases involving harassment and restraining order violations in Passaic County and we are dedicating to fighting for you. Here is a case we recently handled for a client facing these charges with great success.
Our attorneys represented a client who was arrested and charged with harassment and contempt of court for allegedly violating a restraining order. Specifically, our client was charged with violating a restraining order (contempt) in violation of N.J.S.A. 2C:29-9(b) and harassment in violation of N.J.S.A. 2C:33-4A for allegedly calling the victim in the middle of the night (very inconvenient hours likely to cause annoyance of alarm). Our client was adamant that he did not call her and we prepared a comprehensive defense strategy. The alleged phone calls were made from a blocked number so the victim was not able to identify any number that the calls came from. We subpoenaed all of our clients phone records (his cell phone, house line, best friend’s cell phone, etc.) to show the prosecutor that none of the phones our client had access to had been used in the alleged offense. In addition, our client’s friend was an alibi to show that, at the time the victim said the calls were made, our client was with his friend and not making the phone calls. Based on the evidence we provided, the alleged victim decided that she no longer wanted to proceed and testify at trial. As a result, the charges were completely dismissed against our client in Passaic County Court in Paterson. This was a great result for our client and the law firm.
If you need a lawyer to represent you on contempt or harassment charges in Passaic County Superior Court, or a local municipal court in Passaic, West Milford, Ringwood, Hawthorne, Pompton Lakes, or Totowa, contact our offices now for a free initial consultation. You can reach us anytime at (908)-336-5008 to discuss your case and your options.
Violations of Restraining Orders in Passaic County
You may be wondering what happens if a restraining order is violated in Passaic County, New Jersey. Many times when a party violates the terms of a restraining order, he or she may face Contempt Charges. As a result, the defendant is charged with a fourth degree crime or a disorderly persons offense depending on the circumstances. Contempt charges can severely impact your restraining order case and further leave an everlasting effect on your background. With respect to your restraining order case, contempt shows the Family Court that you have not obeyed the terms set forth in the Temporary and/or Final Restraining Order and continue to pose a threat to the plaintiff. Second, and most significant, it leaves the defendant with a criminal record while also being subjected to fines.
Contempt charges range anywhere from disorderly persons offenses (misdemeanor) to a felony if the defendant is alleged to have committed another crime while violating the restraining order, such as stalking, terroristic threats, aggravated assault, or simple assault. A third degree aggravated assault charge alone can carry a hefty fine of $15,000 and a prison sentence up to 5 years. Contempt charges still place a defendant at high risk for jail time and fines. Pursuant to N.J.S.A. 2C:29-9, a defendant can be arrested if probable cause that a violation took place. Further, N.J.S.A. 2C:25-30 articulates how the Prevention of Domestic Violence Act establishes how a temporary or final restraining order violation is a crime. For fourth degree contempt, an individual faces $10,000 in fines and 18 months in prison, while a disorderly persons conviction is punishable by a $1,000 fine and six months in jail. Therefore, it is extremely important to have an attorney represent you during a restraining order hearing, for your contempt charges, and any other crime related to your matter, because the fines and ramifications can be serious.
Restraining Order cases are civil and heard by a Judge in the Family Court. However, violation of a restraining order leads to consequences in Criminal Court. Anyone who violates a restraining order will be required to appear at the County Superior Court in which the restraining order violation took place. Thus, if you have been charged with contempt in Passaic County, your case will be heard in the Passaic County Superior Court in Paterson, NJ.
Talk to a Lawyer for Clifton Restraining Order Violation
Do you have contempt charges or are a party to a restraining order in Paterson? Call The Tormey Law Firm today to discuss available defenses that may be available to you. We encourage you to contact us at (908)-336-5008 if you would like to speak with an attorney free of charge.