In New Jersey, violating a restraining order is a serious offense that can have significant legal consequences. Understanding what happens if a defendant violates a restraining order is essential for both plaintiffs and defendants alike.
Understanding Restraining Orders
A restraining order is a court order designed to protect individuals from harm, harassment, or domestic violence. There are two primary types of restraining orders: Temporary Restraining Orders (TRO) and Final Restraining Orders (FRO). While a TRO provides immediate protection, an FRO offers long-term safeguards.
Legal Consequences of Violating a Restraining Order
Violating a restraining order in New Jersey is considered criminal contempt of court. The penalties for such violations are severe, and even minor infractions can lead to significant legal repercussions. For example, sending a text message to the plaintiff can result in an arrest. Here’s what you need to know:
Arrest for Violations: Under N.J.S.A. § 2C:25-30, any violation of a restraining order mandates arrest. This means that law enforcement officers are obligated to arrest the individual if they suspect a violation has occurred.
Indirect Communication: According to N.J.S.A. § 2C:25-31, even indirect communication—such as sending messages through social media—can be grounds for violating a restraining order.
Penalties for Violations:
- A first violation can lead to significant fines and potentially jail time.
- A second violation often results in mandatory jail time, typically 30 days.
- Violating a criminal protective order can carry harsher penalties, including up to 18 months in jail and fines of several thousand dollars.
Restraining Order Crimes
While a restraining order itself is not a criminal charge, violating it may lead to criminal charges. Judges can exercise contempt powers to punish violations, which may involve jail time or fines. Additionally, states often classify violations of restraining orders as criminal acts, allowing prosecutors to charge the violator directly without needing the judge’s contempt finding.
Types of Restraining Orders
New Jersey has both criminal and civil restraining orders. Criminal protection orders are often imposed in cases involving domestic violence. In contrast, civil restraining orders can be issued in various contexts, including divorce cases. Violating these orders can lead to criminal charges regardless of whether a judge holds the violator in contempt.
Defending Against Restraining Order Violation Charges
If you are facing charges for violating a restraining order, it’s crucial to remember that a charge does not equal a conviction. There may be several defenses available, including:
Lack of Notice: You were not properly served with the restraining order.
No Violation Occurred: You did not actually violate the terms of the order.
False Allegations: The person alleging the violation is lying.
Innocent Violation: Your violation was unintentional and did not harm anyone.
Induced Violation: The protected person encouraged or invited the violation.
Why You Need Expert Legal Representation for Restraining Order Violations
Facing criminal charges for violating a restraining order can be daunting. It is essential to have experienced legal representation to protect your rights. At Adamo Ferreira Esq. LLC, we specialize in defending clients against domestic violence allegations and restraining order violations.
Our team is committed to providing a robust defense tailored to your unique situation. If you find yourself in this challenging position, don’t hesitate to reach out for a consultation. Protect your future with skilled legal guidance.
Additional Information on Restraining Orders
It’s important to note that while a restraining order itself does not appear on a criminal record, violations may result in criminal charges that do. Furthermore, individuals may be entered into the Domestic Violence Central Registry, which is accessible to the public. This registry records offenders’ information to aid police and courts in managing domestic violence cases.
If you or a loved one is dealing with a restraining order issue, contact Adamo Ferreira Esq. LLC today. We are here to help you navigate the complexities of your case with confidence.