Violation of a Restraining Order Contempt Charge Dismissed in Bergen County NJ
Harassment, Contempt Charges Dismissed in Bergen County NJ
Bergen County NJ Restraining Order Lawyers with offices in Hackensack, New Jersey
The issuance of a final restraining order under the New Jersey Prevention of Domestic Violence Act can have serious repercussions for the person against whom it is issued. These can include problems with employment, housing, and the withholding of certain constitutional rights such as the right to own firearms. Additionally, any subsequent allegation that the person violated the restraining order requires the accused person to hire an attorney to fight for them in order to ensure that the truth comes out in court.
The Tormey Law Firm recently represented a client who was charged with Harassment and Contempt of a Court Order. Harassment is a petty disorderly persons offense punishable by up to thirty (30) days in the Bergen County jail, probation, fines, and a permanent criminal charge on your record. Contempt, in this case, was charged as a disorderly persons offense punishable by up to six (6) months in the Bergen County jail, probation, fines, and a permanent criminal charge on your record. In addition, on a second contempt violation and conviction in New Jersey, the defendant must be sentenced to a minimum of thirty (30) days in the county jail. Despite being disorderly persons offenses (which are usually handled in Municipal Court), they are handled in the Superior Court, Family Division because they involve a restraining order and domestic violence.
Our client’s ex-wife had obtained a restraining order against him, and had repeatedly attempted to use that order to affect the custody arrangement involving the former couple’s two children. In this instance, she accused our client of having violated the order by being within a prohibited distance from her at one of their children’s school functions and by staring at her during that function, supposedly causing her to be in fear for her safety.
From the beginning, it was clear that this complaint was simply an attempt by the ex-wife and her current fiancé to convict our client so that they would have that conviction to use against him in the ongoing custody case. Despite extensive negotiations with the prosecutor, the victim would not consent to any outcome that resulted in dismissal of the charges against our client, so the case went to trial.
At trial, attorney Christopher Perry was able to cross-examine the “victim” based on her own previous testimony, eventually getting her to admit that our client did not actually violate the restraining order, but that she created the entire situation that she then tried to use against him. Based on the huge problems pointed out by Mr. Perry, the prosecutor was forced to move for dismissal of the case.
Need Lawyer for Violation of Restraining Order Bergen County? Call Us Now
All charges against our client were dismissed, resulting in a tremendous win for our client and for The Tormey Law Firm. Now, he is eligible to file an expungement right away to get the arrest removed from his record. If you or anyone you know if faced with a similar situation or have been charged with criminal offenses of any kind, call us immediately for a free consultation at (201)-330-4979. The right representation can make all the difference when you are faced with the possibility of a criminal record or possible incarceration.
