Belvidere NJ Restraining Order Violation Lawyers
Contempt Defense Attorneys in Sussex and Warren County, New Jersey
The criminal justice system in Sussex and Warren County takes domestic violence restraining orders very seriously. In fact, anyone who violates a restraining order, whether it be a temporary or final restraining order, will be arrested and charged with either a disorderly persons offense or a fourth degree crime, depending on the circumstances. A violation of a restraining order is a criminal offense in New Jersey, also known as “contempt.” In the event of a contempt disorderly persons offense, the matter will be heard in the New Jersey Superior Court, Family Part and if the charge is for fourth degree contempt, then the case will be heard in the New Jersey Superior Court, Criminal Division. As with all offenses in New Jersey, a contempt charge is serious and subjects the defendant to fines, imprisonment and a permanent criminal record. If you are charged with contempt by either the Sussex or Warren County Prosecutor’s Office, the NJ contempt defense attorneys at the Tormey Law Firm are ready to explain the charges, the potential consequences, and to fight your case in court.
At the Tormey Law Firm, our NJ restraining order lawyers handle all aspects of domestic violence cases, from criminal charges related to domestic violence, to final restraining order hearings, vacating restraining orders, and restraining order violations. Our knowledge and experience in this complex area of practice has allowed us to achieve thousands of successes in courts in Phillipsburg, Vernon, Frankford, Hackettstown, and throughout Sussex and Warren County and New Jersey. If you are facing charges for an alleged violation of a restraining order in Warren County or Sussex County, we can help. Simply contact our offices today at 973-755-1695 to discuss your case, find answers to your questions, and learn more about how you can fight these charges. One of our skilled attorneys will provide you with a cost-free consultation.
Here is a review from one of our satisfied clients when we were able to get a contempt charge dismissed:
Posted by Maria
“My brother had actually consulted and hired Mr Travis Tormey in regards to a TRO against him. Things got a bit more complicated whereas I needed to contact the law office several times and spoke with Joanne, who was extremely helpful, patient and totally understanding. When I had to speak to Travis I would text him and he would communicate with me in a timely fashion considering he was busy in court or had to wait to hear from his partners, who were also involved in the case. Overall the professionalism and expertise in their field was exceptional. In court they defended my brother with such compassion and dedication to their client. At the conclusion, case was dismissed thanks to both Travis and Tom. They demonstrated their strong capabilities and passion that I feel merit them a five star review. I would definitely recommend this law firm to anyone in need of legal advice or defense.”
Violation of a Restraining Order in New Jersey: Contempt
The Prevention of Domestic Violence Act (“PDVA”) sets forth that a violation of either a final or temporary restraining order is a crime in New Jersey. According to N.J.S.A. 2C:29-9(b), a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in a restraining order entered under the provisions of the PDVA, when the conduct which constitutes the violation is a separate crime or a disorderly persons offense. In all other cases, a person is guilty of a disorderly persons offense if that person knowingly violates a restraining order. In other words, if the action that constitutes the violation of the restraining order is a crime or an offense in and of itself, then the defendant will be charged with a fourth degree crime. But if the action that violates the restraining order is not in itself a crime or offense, then the defendant will be charged with a disorderly persons offense.
For example, if the defendant on a restraining order slaps the plaintiff in the face, that action not only violates the restraining order but it is also a simple assault, and in that circumstance the contempt is a fourth degree crime. On the other hand, if the defendant on a restraining order merely calls the plaintiff on the phone at a reasonable hour, the act of making a phone call is not an independent criminal offense and the defendant will be charged with the disorderly persons offense of contempt.
Consequences of a Contempt Conviction in New Jersey
According to the New Jersey Criminal Code, the penalties for a contempt charge are as follows: a fourth degree crime is punishable by up to a $10,000 fine and 18 months in prison; and a disorderly persons offense is punishable by up to a $1,000 fine and 6 months in jail. Additionally, pursuant to N.J.S.A. 2C:25-30, the PDVA also requires that any defendant convicted of a second or subsequent disorderly persons domestic violence contempt offense shall, without exception, serve a mandatory minimum term of not less than 30 days in jail.
Contact Frankford NJ Restraining Order Violation Attorneys Today
As you can see, if you are charged with contempt due to the violation of a temporary or final restraining order in Sussex or Warren County, you are facing heavy penalties and you should contact the experienced domestic violence and contempt defense lawyers at the Tormey Law Firm to discuss your case and develop your defense strategy.