When you are issued a protective order, it is crucial that you abide by the terms or else risk significant legal consequences. If you violate a restraining order, you could be subject to substantial fines, jail time, more stringent terms, and more. For more information and to secure skilled legal advice, reach out to an experienced Bergen County criminal defense lawyer and set up your free consultation today.
What is a Restraining Order?
A restraining order, also called a protective order, is a court order designed to prevent an individual from engaging in certain harmful behavior. When a person has experienced domestic violence, stalking, assault, or harassment at the hands of another person, an NJ court can issue a restraining order to prevent the offender from further harm. New Jersey issues two types of protective orders depending on the situation.
- TRO: A temporary restraining order can be issued for the short term until a hearing can be held to determine whether more permanent measures need to be taken.
- FRO: A final restraining order can be issued only after a hearing where each side has an opportunity to plead their case and present evidence. These orders are valid until a court modifies or dismisses them.
These restraining orders can impose the following restrictions and more.
- The defendant cannot contact the victim in any way
- The defendant cannot go to certain locations such as the victim’s home, job, school, etc.
- The defendant must pay the victim child support
- The defendant cannot buy, own, or possess a firearm or other weapons
- The defendant must attend counseling or psychiatric evaluations
Through the protective order, the judge can also order anything else deemed necessary, such as giving you temporary custody of your children, giving you exclusive possession of the home you share, and more.
What if I Violate a Restraining Order in NJ?
Under New Jersey Revised Statutes § 2C:29-9, violating a protective order is considered a criminal offense of contempt. Contempt of court is any action that defies or disrespects the authority of a court, such as disobeying a court order.
When contempt involves a purposeful or knowing violation of a protective order, it is generally considered a fourth-degree indictable crime. If the violation involves only contacting a victim, it may be charged as a disorderly persons offense.
If you are found guilty of a disorderly persons offense, you can face 6 months in jail and $1,000 in fines. A fourth-degree offense, however, is punishable by 18 months in prison and $10,000 in fines.
Because of the severity of the penalties, it is important that you explore your defensive options. To secure skilled representation, reach out to an experienced defense attorney at the Law Office of Boyd & Squitieri today.