24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

NJ Violation of a Restraining Order: What Are the Penalties? Lawyers

March 21, 2024 Uncategorized

 

NJ Violation of a Restraining Order: What Are the Penalties? Lawyers

Violating a restraining order in New Jersey can lead to serious criminal charges and penalties, so it’s important to understand the law and potential consequences. This article provides an overview of restraining orders in NJ, penalties for violating them, and how an experienced criminal defense lawyer can help.

What is a Restraining Order in New Jersey?

A restraining order is a court order that prohibits someone from contacting, harassing, stalking, or threatening another person. In New Jersey, there are two main types of restraining orders:

  • Temporary Restraining Order (TRO) – lasts up to 10 days
  • Final Restraining Order (FRO) – lasts indefinitely, unless dropped by the court

Restraining orders are commonly issued in cases of domestic violence, but can also apply in other circumstances like harassment, stalking, or sexual assault. They are intended to protect the safety of victims.

Penalties for Violating a Restraining Order in NJ

Unlike some other states, New Jersey takes violations of restraining orders very seriously. It is considered a criminal offense, not just a civil violation. There are a few key laws that apply:

Mandatory Arrest for Violations

Under N.J.S.A. 2C:25-31, police are required to arrest a person if there is probable cause to believe they have violated a restraining order. The alleged violator does not get the benefit of the doubt – they can be arrested on the spot.

Criminal Contempt Charges

After arrest, the county prosecutor will usually charge the defendant with contempt of court under N.J.S.A. 2C:29-9. This is a criminal offense punishable by up to 18 months in jail and a fine of up to $10,000 for a single offense.

Additional Underlying Charges

If the restraining order violation involved related criminal offenses like assault, harassment, stalking, etc., additional charges may apply for those crimes. The penalties get compounded.

No Contact with Victim

As a condition of release pending trial, the court will likely order no contact with the victim. Additional violations of this no contact order can result in more criminal contempt charges.

Defenses to Restraining Order Violations

There are some potential defenses in restraining order violation cases. A skilled criminal defense attorney may be able to get charges reduced or dismissed if they can show:

  • The violation was an accident or mistake, not intentional
  • The defendant was falsely accused or mistaken identity
  • The accuser is not credible or has ulterior motives
  • The order is invalid or improper service occurred
  • The accuser consented to contact or invited it

An attorney can review the details of your case and determine if any viable defenses apply. But in general, these cases can be difficult to fight because of mandatory arrest policies and presumption of guilt.

Getting Legal Help After a Restraining Order Violation

Being arrested and facing criminal charges for violating a restraining order can be extremely scary. But an experienced New Jersey criminal defense lawyer can help protect your rights and build the strongest case possible. Here are some key ways a lawyer can help:

  • Advise you on the law and potential penalties
  • Guide you on interacting with police and prosecutors
  • Review the restraining order for any flaws
  • Investigate and interview witnesses
  • Obtain evidence to support potential defenses
  • Negotiate with the prosecution for reduced charges
  • Defend you in court hearings if necessary

Having an aggressive lawyer on your side can make a major difference in the outcome of restraining order violation cases. Don’t wait to seek experienced legal counsel.

Frequently Asked Questions

What if the victim invited me to contact them?

Even if the victim says it’s okay for you to contact them, that does not override a restraining order. You could still face charges for any prohibited contact. The victim would need to petition the court to actually modify or dismiss the restraining order.

What if I didn’t know about the restraining order?

Lack of knowledge about an active restraining order is generally not a valid defense. The order is still enforceable against you. However, issues with improper service of the order or notice may provide some defense.

Can I negotiate with the prosecutor to drop charges?

Your defense attorney may be able to negotiate with the prosecutor, especially if there are weaknesses in the case against you. But some prosecutors have “no drop” policies for restraining order violations, so it depends on jurisdiction.

Do I have to testify if I violated the order?

You have a 5th Amendment right not to testify or incriminate yourself. An attorney can advise you on whether testifying would help or hurt your case.

Can I be jailed pre-trial for a violation?

Yes, the judge can order you jailed pending trial if they believe you are a risk for further violations, danger to the victim, flight risk, etc. Your attorney can argue for release at a detention hearing.

Conclusion

Violating a restraining order is a serious offense that can carry significant criminal penalties in New Jersey. But an experienced criminal defense lawyer can thoroughly evaluate your case for potential defenses and negotiate aggressively to help achieve the most favorable outcome possible. If you have been accused of violating an order, consult with a lawyer right away to protect your rights.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now