When someone accuses you of domestic violence, you will typically have a restraining order entered against you. The New Jersey police and family law courts take all allegations of domestic violence very seriously, and you can have a temporary restraining order entered against you without the opportunity to argue your side of the case in court. Violating a restraining order is a serious matter, and if you have violated your restraining order, you should speak with an Essex domestic violence lawyer right away.
What Counts as a Restraining Order Violation?
A domestic violence restraining order is a court order that prohibits you from doing certain things. You will need to review your restraining order (or have a New Jersey domestic violence lawyer review your restraining order) to see what it prohibits specifically. Some examples of common prohibitions in domestic violence restraining orders include:
- Prohibition on communicating with the alleged victim by any means
- Prohibition on communicating with shared children
- Prohibition on visiting the alleged victim’s home, school or place of work
- Prohibition on possessing firearms
- Prohibition on committing acts of domestic violence or other crimes against the alleged victim
There are other possibilities as well, and a domestic violence restraining order can also require you to do certain things. For example, you may be required to pay child support (which you are required to pay anyway), attend drug or alcohol abuse counseling, or attend anger management training.
What Happens When You Violate a Restraining Order?
If you have been accused of violating a domestic violence restraining order, you will need to appear in court and defend yourself. Even though the family courts issue domestic violence restraining orders, violating a court order is a criminal act, and you will need to defend yourself in criminal court. The initial steps in your case will move fairly quickly, so you will need to contact a New Jersey domestic violence lawyer to make sure you do everything you need to in order to avoid unnecessary consequences.
What are the Penalties for Violating a Restraining Order?
Violation of a domestic violence restraining order can be prosecuted as either a disorderly persons offense or a fourth-degree indictable offense. A violation will be prosecuted as a fourth-degree indictable offense if it involves an act of domestic violence or other crime. These crimes carry up to a $10,000 fine and an 18-month prison sentence.
In all other cases, violating a domestic violence restraining order is a disorderly persons offense. These offenses carry up to a $1,000 fine and six months in jail.
Talk to an Essex Domestic Violence Lawyer for Free
Have you been accused of violating a domestic violence restraining order in New Jersey? If so, you need to speak with a lawyer right away. To schedule a free and confidential consultation with Essex domestic violence lawyer Scott Gorman as soon as possible, call 201-489-9199 or tell us how we can reach you online now.
Published in Categories: Domestic Violence
