When a restraining order is taken out against you, regardless of whether or not you believe the order is warranted, it’s important to understand that you must comply with the terms and conditions. Failure to do so, under New Jersey law, is a criminal offense. As such, any interaction with the protected individual or violation, even those that are seemingly minor, can result in serious penalties like your arrest and time spent in jail. The following blog explores what you should know about these matters, including the importance of working with a Bergen County criminal defense lawyer to help you explore your legal options.
What Is a Restraining Order in New Jersey?
In New Jersey, a restraining order, also commonly referred to as a protective order, is a court-ordered document that protects an individual from ongoing harassment, contact, abuse, and stalking. While most restraining orders explicitly prohibit contact with the protected individual, depending on the circumstances, they may also address child custody, child support, and housing arrangements.
Types of Restraining Orders Issued in New Jersey
In Bergen County and across the state, there are two primary forms of restraining order, temporary and final, that can be issued, depending on the circumstances surrounding the request and whether or not a formal hearing has taken place.
Temporary Restraining Order
- Issued quickly, often without the accused individual present
- Remains active until a court hearing occurs
- Must be immediately adhered to upon service
Final Restraining Order
- Issued after a full hearing has taken place
- Does not expire without court modification or dismissal
- Creates permanent criminal exposure for violations
What Actions Count as Violating a Restraining Order?
It’s important to understand that the terms and conditions of a restraining order must be closely adhered to. Any breach, regardless of the intent, will be considered a violation. As such, whether you accidentally call the protected person or knowingly show up at their place of work, these will both be treated as serious violations by the New Jersey courts.
Common Restraining Order Violations
- Calling, texting, emailing, or messaging the protected person
- Liking, commenting, or following on social media
- Appearing at prohibited locations, like work or school
- Sending messages through third parties
- Failing to leave a shared residence when ordered
- Possessing firearms when prohibited
Can I Go to Jail If I Violate a Restraining Order?
Yes, if you violate a restraining order, you can spend time in jail. In many instances, this violation constitutes a contempt of court offense, which occurs when someone fails to adhere to the terms and conditions imposed by the court. As such, a violation should not be taken lightly, as judges in the Bergen County Superior Court and across New Jersey consider these serious actions.
Criminal Charges and Penalties Under New Jersey Law
- Disorderly Person’s Offense
- Up to six months in jail
- Up to $1,000 in fines
- Often charged for limited contact violations
- Fourth-Degree Indictable Crime
- Up to 18 months in prison
- Up to $10,000 in fines
- Common for purposeful or repeated violations
Does Prior History Affect the Penalties?
If you are accused of violating a restraining order, the judge assigned to the case will consider a number of factors. In general, New Jersey judges often have broad discretion regarding these matters.
Factors a Judge Will Consider
- Prior criminal convictions
- Previous violations of restraining orders
- Prior allegations of domestic violence
- If the violation was intentional or repeated
- Employment, family ties, and community safety
Are There Consequences Beyond Fines and Jail Time?
Though jail time and hefty fines are the most common concerns, those accused of violating a restraining order in Bergen County must consider that violations can have significant and life-long implications for other areas of their lives.
Collateral Consequences of a Violation
- Immigration consequences for visa-holders and non-citizens
- Loss of firearm ownership rights
- Impact on child custody and parenting time arrangements
- Suspension of your driver’s license
- Permanent criminal record
Contact Our Bergen County Criminal Defense Attorneys Today
If you have been accused of violating a restraining order against you, it’s imperative to understand that this is not a matter that should be taken lightly. As such, it is in your best interest to connect with an experienced attorney from Boyd & Squitieri, LLC to guide you through these difficult times and help you fight for the best possible outcome. Connect with our dedicated legal team today to learn how we can represent you during these difficult times.