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Violating a Restraining Order
Restraining Order Violation Lawyer in Camden County, NJ Vigorously Fights for Clients’ Rights in Burlington County, Cumberland County, Gloucester County, and Throughout New Jersey
Temporary Restraining Orders (TROs) and Final Restraining Orders (FROs) are civil matters that are handled by the family division of the New Jersey court system. However, violations of these orders can become criminal cases and can have severe consequences, including jail time. As per N.J.S.A. 2C:29-9 – the New Jersey statutes on contempt – a defendant can be arrested when there is either probable cause or a reasonable basis on which it can be shown that a restraining order violation has occurred. The South Jersey violation of restraining order defense attorney at Gelman Law, LLC can help you handle such charges. With extensive experience in handling TRO and FRO cases, our restraining order violation lawyer in Cherry Hill, NJ can help you fight the charges and sentences you face. Call us today for a free case evaluation.
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Our Restraining Order Violation Lawyer in Cherry Hill, NJ Will Help You Navigate Felony Charges Under N.J.S.A. 2C:29-9
Violating a temporary or final restraining order can lead to charges of contempt and the violator can be subject to criminal charges as per New Jersey state laws.
When these charges are passed, the courts are required to confirm that the defendant knew of and/or possessed notice of a TRO or FRO before it determines whether a violation of the order has occurred. According to this, if an accused individual was not served with a copy of a restraining order or was not notified in other ways that such an order was passed, the individual will not be held accountable for violating that order.
However, this defense – sometimes referred to as a lack of notice defense – does not apply if there is proof that he or she would have or was reasonably expected to have known about such an order but simply claimed ignorance to escape legal culpability and/or jail time.
Fighting the Penalties for Violating a Restraining Order with a South Jersey Restraining Order Defense Attorney
The severity of the penalties that an individual can face for violating a restraining order will depend on the specifics of the case at hand and the context in which the alleged violation was supposed to have occurred. That being said, it is still possible for someone to end up in jail for violating a restraining order.
TROs and FROs are only issued to people protected by the Domestic Violence Act. This means a violation of such an order automatically means the alleged perpetrator likely has civil complaints against them, such as those found in New Jersey state statutes N.J.S.A. 2C:25-19(a) on acts of domestic violence that occur between people who were in some sort of relationship, have children together, or resided together at some point. A violation of a TRO or FRO can quickly escalate to a criminal case, and the severity of the penalties and sentences meted out by the judge or the courts can be harsh, particularly if evidence of prior domestic violence, assault, stalking, harassment, etc. are included in such proceedings.
What this means is that someone who violates a restraining order can be charged with a crime, but if they do so and commit further crimes, such as new acts of domestic violence that are covered by N.J.S.A. 2C:25-30 on the penalties for violations and N.J.S.A. 2C:29-9 on fourth-degree criminal contempt) can lead to additional penalties.
Do not leave anything to chance, and speak with our H1. South Jersey violation of restraining order defense attorney for assistance with your case. A TRO or FRO violation can lead to serious consequences, and our restraining order violation lawyer in Camden County, NJ can help you mitigate the fallout, penalties, and charges you face. Do not delay and contact our team today to learn more about how we can help you.
Dedicated Restraining Order Violation Lawyer in Camden County, NJ Will Fight to Minimize Your Charges and Penalties
The laws above outline how long you may go to jail if you are convicted of violating a restraining order. Generally speaking, you can face jail time of up to 30 days for a second violation of a restraining order, but keep in mind that this is the minimum mandatory sentence and is not what you can presume to receive as a sentence, especially since an FRO violation is a fourth-degree indictable offense under N.J.S.A. 2C:29-9, and individuals convicted of breaking this law can spend up to 18 months in jail.
Your incarceration period will increase with each subsequent violation, particularly if your charges escalate from fourth-degree to third- or second-degree acts of domestic violence. Based on these facts, it is recommended that you retain the services of an experienced and knowledgeable criminal defense attorney such as the South Jersey violation of restraining order defense attorney at Gelman Law, LLC to help defend against these charges.
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Contact a Restraining Order Violation Lawyer in Cherry Hill, NJ at Gelman Law, LLC Today
If you or a loved one has been charged or arrested for violating a TRO or FRO, a South Jersey violation of restraining order defense attorney at Gelman Law, LLC is just a phone call away. Contact us today for more information and a free consultation with an experienced restraining order violation lawyer in Cherry Hill, NJ about what you need to know for your case.
Frequently Asked Questions About Restraining Order Violations in New Jersey
It depends on the specifics of your case, but we can argue that you did not know that there was an FRO or TRO against you (particularly since TROs can be filed easily and they are sometimes filed maliciously by people wanting to gain leverage against others or to harm them) and also since FROs are usually scheduled within days of a TRO being filed. If we can prove that you were unaware of a restraining order against you, we may be able to dismiss the restraining order violation charges that you face.
TROs and FROs—while civil cases—can quickly unravel to become criminal cases, and violations of these orders are directly indictable felonies in New Jersey. Our legal defense team will gather evidence, study the specifics of your case, and attempt to dismiss or lower the charges, penalties, and sentences you are exposed to. Do not take restraining order violation charges lightly and contact our team for defense and representation from our skilled TRO and FRO attorneys.