Violation of a Restraining Order

Mercer County NJ Violation of a Restraining Order Lawyers

The Mercer County Prosecutor’s office takes violations of restraining orders very seriously and they tend to prosecute them to the fullest extent of the law. In addition to that, the Judge’s take these offenses very seriously as well since anyone charged with this type of violation is in essence violating their order. Unlike most other states across the Country, Restraining Orders in New Jersey are permanent. So once a Final Restraining Order has been entered against an individual it remains in place forever. In addition, it is totally irrelevant that the restraining order has only been in place for two days or ten years, a violation is a violation. If you have violated a final restraining order in Mercer County, in towns like Hamilton, Lawrence, Hightstown, Robbinsville, West Windsor, East Windsor, Trenton or Princeton, the Law Offices of Proetta & Oliver can help. Our office defends clients accused of violating restraining orders in Mercer County. As you will see below, a second or subsequent conviction for a violation of a restraining order requires mandatory jail time. We fully understand what a jail sentence could do to one’s life. If you would like to come into our office and speak to one of our attorneys about your options then please contact us directly at (609) 789-0799. Since these type of offenses happen at all hours of the day, we try to make ourselves available around the clock to help assist in anyway that we can. Now here is some important information on violation of restraining order charges.

Can I be Charged with Violating a Restraining Order in NJ?

If you have been served with a temporary restraining order (TRO) or had a final restraining order (FRO) entered against you in Mercer County, you must follow the conditions imposed, otherwise you could be charged with a violation of a restraining order. A violation of a restraining order is a fourth degree felony offense in New Jersey and it is governed by NJSA 2C:29-9. In order to be convicted of violating an order of protection in New Jersey, the state only needs to prove that the Defendant “purposefully or knowingly disobeyed a TRO or FRO”. An individual can violate a restraining order in countless different ways, including the following:

  • Contacts the victim and/or a prohibited person;
  • Commits a new act of domestic violence:
  • Does not follow through with court mandated counseling;
  • Does not stay away from court ordered prohibited areas (ie. place of employment, residence)

Anyone of these acts can be the basis for the issuance of a violation of an order of protection in Mercer County. With that being said, the list is not exhaustive and in essence, if an individual does not follow any and all conditions imposed by the Judge who issued the order of protection, then they will be subject to being charged with violating a restraining order. If you would like to speak to one of our attorneys about your options then please contact us at (609) 789-0779. Now here is some information on what the penalties are for violating a restraining order in New Jersey.

What are the Penalties for Violating a Restraining Order?

All too often individuals do not take restraining orders seriously. That can prove to be a huge mistake. When an individual violates either a TRO or an FRO in New Jersey they are basically taunting the Judge. A TRO and/or FRO is in essence a Judge telling you to specifically not do something because someone else is in real fear for their safety. So when you violate that, they tend to be offended. So, as one would image, the ramifications if convicted are rather severe. They include up to eighteen months in a New Jersey State Prison and a fine up to $10,000. In addition, any second or subsequent conviction requires a mandatory minimum thirty days in the Mercer County Jail.

It is important to note here that a even if the TRO is dismissed by the plaintiff or by a Judge during a FRO hearing, a violation of a restraining will still stick and the Defendant would still be facing the same serious ramifications.

Violation of Restraining Order Defense Attorneys in Ewing NJ

Whether you have been charged with a violation of a restraining order or charged with committing a new act of domestic violence like simple assault, stalking, harassment, terroristic threats or trespassing, we can help. Our office is well aware of the ramifications that a violation of an order of protection carries in New Jersey. If you have been served with a violation of a restraining order in Mercer County, in towns like Hamilton, Lawrence, Trenton, West Windsor, Princeton, Pennington, Hightstown, Robbinsville or elsewhere we can help. To speak to one of our domestic violence defense attorneys today about your options please contact us at (609) 789-0770.