Violation of a Restraining Order Defense Attorneys in Bergen County, NJ
Hackensack NJ Domestic Violence Defense Lawyers
Violating a restraining order can result in very serious criminal charges for contempt of court. In many instances, a conviction for contempt of court will result in jail time, as well as a permanent charge on your criminal record. With the severity of these potential penalties, it is critical to speak with an experienced criminal defense attorney immediately.
The Tormey Law Firm is composed of a team of extremely talented criminal defense and drunk driving (DWI) attorneys who represent clients in Bergen County and throughout New Jersey. With extensive experience defending clients charged with criminal and domestic violence offenses, including aggravated assault, terroristic threats, and kidnapping in courts such as Teaneck, Wallington, and Franklin Lakes, these well-regarded legal professionals have the necessary skills to help you overcome the charges you are facing. If you or a loved one is facing a Temporary Restraining Order (TRO) or you have been accused of violating a Final Restraining Order (FRO), it is critical to understand the consequences of a conviction. Contact the law offices of The Tormey Law Firm in Hackensack, New Jersey anytime to find the support and guidance you need to successfully address the allegations against you. Our attorneys are always available to provide free consultations. Simply call (201)-330-4979.
Violation of a Restraining Order in New Jersey – Contempt of Court: N.J.S.A. 2C:29-9
A criminal charged for violating a restraining order is classified as a “contempt” offense, which is governed by N.J.S.A. 2C:29-9. The statute provides, in pertinent part:
§ 2C:29-9. Contempt.
a. A person is guilty of a crime of the fourth degree if he purposely or knowingly disobeys a judicial order or hinders, obstructs or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person, thing or controversy by a court, administrative body or investigative entity.
b. Except as provided below, a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense. In all other cases a person is guilty of a disorderly persons offense if that person knowingly violates an order entered under the provisions of this act or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States. Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of P.L.1991,c.261 (C.2C:25-29) or substantially similar orders entered under the laws of another state or the United States shall be excluded from the provisions of this subsection.
Bail Review and Detention Hearing in Restraining Order Cases
If you are arrested and charged with contempt in Bergen County for allegedly violating a temporary restraining order (TRO) or final restraining order (FRO) these charges are usually filed on a warrant complaint which means you will be processed and taken to the Bergen County Jail. Once there, you will see a Judge for a bail review within 24-48 hours. At that bail review, you will be released with certain reporting conditions to probation or the State will move for detention and ask the Court to hold you while the case is going on. If they move for detention, you will remain in jail for a few more days until your detention hearing is held. At the detention hearing, the Judge will hear from both the prosecutor and the defense attorney about the charges, the defendant’s prior criminal record (if any), the defendant’s ties to the community, and then the Judge will make a determination whether or not the defendant should be released.
Penalties for Violation of a Restraining Order in New Jersey
Typically, a violation of a restraining order is considered a disorderly persons offense, which is punishable by up to six (6) months in the Bergen county jail and results in a permanent criminal record. However, if the violation of the restraining order is based on a criminal offense such as assault, harassment, terroristic threats, or stalking, the contempt charge is elevated to a fourth degree offense, punishable by eighteen (18) months in New Jersey State Prison. Additionally, this is an indictable (felony) criminal charge that will appear on your permanent criminal record.
Frequently Asked Questions (FAQ) About Restraining Order Violations in Bergen County NJ
FAQ: Where will a contempt charge be handled? In the Superior Court, Family Division, and prosecuted by the Bergen County Prosecutor’s Office.
FAQ: Is a restraining order violation a criminal charge? Yes, you will be arrested and charged with contempt which is a criminal offense. If you are convicted of contempt it will show up on your background, criminal case history (CCH).
FAQ: Am I going to jail? You are facing jail time but it depends on your prior criminal record. If you have no record, it is unlikely you will be sentenced to jail. However, if you are convicted of contempt twice, there is a mandatory jail sentence required (30 days).
Contact The Tormey Law Firm in Hackensack NJ for a Free Consultation
The Bergen County defense attorneys at The Tormey Law Firm are available every day to provide free consultations and/or to schedule an appointment at our convenient Hackensack, New Jersey office location. Contact us at (201)-330-4979 to discuss your case, or submit an online contact form.
