Have you been charged with violating a restraining order in Somerset or Hunterdon County? If so, we strongly recommend that you speak to an experience domestic violence defense lawyer as soon as possible. It should be no surprise to hear that Judges tend to take violation of restraining orders very seriously. When a Defendant violates a restraining order they are in essence not only breaking the law but at the same point in time they are violating the Judges direct order. So you can imagine why these types of matters are usually prosecuted to the fullest extent of the law. As you will see below, there are countless ways in which a Defendant can violate a permanent restraining order but one of the most common ways is when the Defendant, in a moment of weakness, texts, emails or calls the protected party. Regardless of the Defendant’s motives, even it was to apologize or make immense, it still will go down as a violation of restraining order. If you would like to speak to one of Keith Oliver Criminal Law’s domestic violence defense attorneys, please do not hesitate to contact us.
A second or subsequent violation of a restraining order is mandatory jail in New Jersey, that is one of the many reasons that we strongly recommend that you speak to an experienced attorney about your options. At Keith Oliver Criminal Law, we fully comprehend the stress and anxiety that most feel when they are charged with a criminal offense, let alone an act of domestic violence where there was usually once a romantic relationship. If you have been issued a violation of a restraining order, served with a temporary restraining order or seeking to vacate a final restraining order, we can help. Our office serves all of Hunterdon and Somerset County, including towns like Franklin, Readington, Clinton, Raritan, Watchung, Bridgewater, North Plainfield and Hillsborough. To speak to one of our attorneys today, please feel free to contact our Bridgewater office at 908-533-1064. Our attorneys are available immediately for a free initial consultation.
Is a Violation of a Restraining Order Criminal?
In New Jersey, a violation of a restraining order will be prosecuted either in the Family Division or the Criminal Division of the superior court in the county where the order was issued. So, if a Defendant is charged with violating a restraining order in Somerset County but the order was issued in Hunterdon County, the matter will be heard in the Hunterdon County Superior Court. If the Defendant is alleged to have violated the restraining order by committing a new act of domestic violence (i.e. assault, stalking, terroristic threats) the Defendant will be facing a fourth degree felony and the matter will be prosecuted in the criminal division of the superior court. Conversely, if the Defendant is alleged to have violated the restraining order by breaking one of the no contact provisions or committing a disorderly persons offense like harassment, the charges will be heard in the family division of the superior court. Regardless of the underlying violation, the penalties if convicted are severe.
Can I go to Jail for Violating a Restraining Order?
If the Defendant is charged with a fourth degree felony, they will be facing up to eighteen months in a State Prison. If the Defendant is charged with a disorderly persons offense, they will be facing up to six months in the county jail. With that being said, if a Defendant is convicted of violating a restraining order for a second or subsequent time, the statute mandates that they must be sentenced to a minimum term of 30 days in the county jail.
Charged with Violating a Restraining Order in Hunterdon County NJ?
As you can see from reading above, the ramifications for anyone convicted of violating a restraining order in New Jersey can be devastating. The penalties, which include mandatory incarceration for certain offenders, will almost certainly have a major affect on someone’s life. As such, the attorneys at Keith Oliver Criminal Law are dedicated to aggressively challenging the evidence presented against our clients in an effort to obtain a favorable outcome. If you would like to speak to one of our Somerset County domestic violence defense attorneys about your options, then please contact us at 732.858.6959. One of our attorney would be glad to go over the specific facts of your case and formulate a game plan that works best to suit your needs. We serve all of Hunterdon and Somerset County, including towns like Bedminster, Manville, Hillsborough, Bernards, Green Brook, North Plainfield, Warren, Union Township and Franklin.