Violating a restraining order can lead to criminal charges in New Jersey. As a result, if you have been accused of violating a restraining order, you need to be prepared to protect yourself by all means available. While you may have defenses available, it will be important to hire an experienced New Jersey criminal defense lawyer who can help you assert these defenses effectively.
If you have been accused of violating a restraining order in New Jersey, this is a serious matter that requires immediate action. Restraining order violations can lead to criminal charges, and if you are convicted in criminal court, you could face fines, jail time, and other penalties.
Regardless of the circumstances of your case, you could have defenses available. From false accusations to insufficient evidence of guilt, there are several ways to fight restraining order violation charges under New Jersey law. Once you hire an experienced New Jersey criminal defense lawyer to represent you, your lawyer will be able to determine what defenses you have available based on the specific circumstances at hand.
What Qualifies as a Restraining Order Violation in New Jersey?
While there are several potential defenses to alleged restraining order violations in New Jersey, it is also important to understand that such violations can take many forms. As a result, it is critical not to make any assumptions about your risk of facing a conviction. Some examples of common allegations in these cases include:
- Contacting (or attempting to contact) the protected individual
- Contacting (or attempting to contact) people who are close to the protected individual
- Getting too close to the protected individual’s home or work
- Failing to attend mandatory counseling or treatment
- Possessing a gun or another dangerous weapon
Making sure you know the terms of your restraining order is a key first step toward assessing your legal options once you have been accused of a violation. A New Jersey criminal defense lawyer at our firm can review your restraining order and then provide an unbiased assessment of whether you are (or were) in violation.
What Charges Can I Face for a Restraining Order Violation?
Restraining order violation cases are prosecuted under New Jersey’s contempt statute, which is Section 2C:29-9 of the New Jersey Code of Criminal Justice. Section 2C:29-9 establishes the following offenses:
- Disorderly Persons Offense – Knowingly or purposely violating a restraining order is a disorderly persons offense when the violation involves “a condition to avoid contact with an alleged victim” and does not qualify as an indictable offense as discussed below.
- Fourth-Degree Indictable Offense – Knowingly or purposely violating a restraining order can be prosecuted as a fourth-degree indictable offense in various circumstances in which the violation itself constitutes a crime.
- Third-Degree Indictable Offense – If a restraining order was issued pursuant to New Jersey’s stalking laws (or the stalking laws of another state), a violation of the order can be prosecuted as a third-degree indictable offense if the violation itself constitutes a crime.
These are just examples. Section 2C:29-9 is complex, and if you have been charged with a restraining order violation, it will be critical to make sure you have a clear understanding of both: (i) the specific allegations against you; and (ii) the specific offense with which you are being charged.
What Are the Penalties for a Restraining Order Violation?
The penalties for restraining order violations depend on the severity of the offense and the specific circumstances. Along with facing additional or extended restraining order terms, individuals accused of violating Section 2C:29-9 can also face:
- Up to six months in jail and a $1,000 fine for a disorderly persons offense.
- Up to 18 months in prison and a $10,000 fine for a fourth-degree indictable offense.
- Three to five years in prison and up to a $15,000 fine for a third-degree indictable offense.
Due to the substantial risks involved, defending against an alleged violation of a restraining order in New Jersey requires experienced legal representation. The sooner you hire a lawyer to represent you, the sooner your lawyer can get to work fighting to help you avoid unnecessary consequences.
FAQs: Defending Against a Restraining Order Violation Charge in New Jersey
What if I accidentally violated a restraining order?
If you accidentally violated your restraining order, this could serve as a defense in your case, since the law requires proof that you “purposely or knowingly” violated it. With that said, prosecutors will likely argue that you knew (or, at the very least, should have known) the terms of your restraining order—and that this warrants a conviction in your case.
What if I have been falsely accused of violating a restraining order?
If you have been falsely accused of violating a restraining order, you should be sure to share any relevant evidence with your lawyer. However, even if you cannot affirmatively prove that the accusations against you are false, it will still be up to the prosecution to prove your guilt beyond a reasonable doubt.
Do I need a lawyer if I have been accused of violating a restraining order?
If you have been accused of violating a restraining order in New Jersey, we strongly recommend speaking with an experienced criminal defense lawyer right away. Facing a conviction is a possibility regardless of the facts of your case, and a conviction could lead to fines, jail or prison time, and other serious consequences.
How a New Jersey Criminal Defense Lawyer at Our Firm Can Help
Our law firm has extensive experience representing clients accused of violating restraining orders in New Jersey. If you have been accused of violating a restraining order, we can use our experience to help protect you by all means available. Due to the complexity and risks involved in these cases, we strongly recommend that you speak with one of our experienced lawyers as soon as possible.
Contact Us to Discuss Your New Jersey Restraining Order Violation Case in Confidence
To speak with a New Jersey criminal defense lawyer about your case, contact us today. Call 877-435-6371 or tell us how we can contact you online to arrange a confidential consultation.