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Attorney Leon Matchin has the skill, experience, and dedication necessary to effectively defend those facing contempt charges for violating restraining orders in New Jersey. Read further to learn what you need to know about contempt for violating a domestic violence restraining order in New Jersey and how Attorney Leon Matchin can help.
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Restraining orders, also known as protective orders, protect victims of domestic violence from further harm or harassment. In New Jersey, these orders come in two primary forms:
Temporary Restraining Orders (TROs)
Final Restraining Orders (FROs)
TROs are issued on an emergency basis, often without the alleged abuser in court, to provide immediate protection for the victim. A TRO remains in effect until a court hearing, usually within ten days. During this hearing, a judge decides whether to extend the TRO into a final restraining order.
If, after a court hearing in which both the victim and the alleged abuser have the opportunity to present their cases, the judge finds sufficient evidence of domestic violence, they may issue a FRO. Unlike a TRO, a FRO has no expiration date and can last indefinitely.
Both TROs and FROs outline specific prohibitions and requirements for the alleged abuser and include detailed instructions on what they can and cannot do. Here are some of the typical restrictions that a restraining order might include:
No Contact: The most fundamental restriction. This prohibits any form of contact with the victim, including direct communication, phone calls, texts, emails, and indirect communication through third parties.
Stay Away: This requires you to stay a certain distance from the victim’s home, workplace, school, or other locations.
No Harassment: Prohibits any form of harassment, including verbal abuse, threats, intimidation, or any behavior that causes emotional distress to the victim.
No Possession of Firearms: The restraining order might require you to surrender any firearms you own and may prohibit you from purchasing new ones.
Child Custody and Visitation: The order can include provisions regarding the custody and visitation of your children, often limiting your access to them.
Move Out: You may be required to move out of your shared residence, providing the victim exclusive possession of the home.
These restrictions are tailored to the specifics of each case to ensure the victim’s safety and well-being.
Violating a restraining order in New Jersey is a serious offense. Under N.J.S.A. 2C:29-9, if you knowingly disobey a judicial order, including a restraining order, you are guilty of contempt of court. This includes any action that breaches the restraining order, such as:
For a violation to be proven, the state must show that you had notice of the restraining order and knowingly engaged in conduct that violated its terms. Furthermore, you must have been aware of the order and understood its imposed restrictions. However, ignorance of the order is not a valid defense.
Penaltie
The exact penalties will depend on the circumstances of the violation and the judge’s discretion, often influenced by your criminal history and the impact on the victim. The second contempt charge of violating a restraining order carries mandatory 30 days minimum sentence of incarceration
Violating a domestic violence restraining order in New Jersey can result in significant penalties, which vary based on the specifics of the violation and whether it constitutes a disorderly persons offense or an indictable offense.
If the violation of a restraining order is classified as a disorderly persons offense, the penalties can include:
Fines: The court may impose fines up to $1,000.
Jail Time: You may face up to six months in a county jail.
Probation: The court might order a period of probation, during which you must comply with specific conditions, such as attending counseling or refraining from further contact with the victim.
In more severe cases, the violation may be an indictable offense (equivalent to a felony in other states), leading to harsher penalties:
Fines: The fines for an indictable offense can be significantly higher, depending on the degree of the offense.
Prison Time: Depending on the severity, you may face substantial prison time, ranging from 18 months to several years.
Additional Charges: If the violation involves other criminal acts, such as assault or harassment, the state may bring additional charges against you, each carrying its own set of penalties.
Defence
If you find yourself in a situation where you have violated a domestic violence restraining order in New Jersey, it is important to take immediate and strategic steps to mitigate the potential legal consequences.
Here is what you should do:
Panicking will not help your situation. Staying calm allows you to think clearly and make rational decisions about your next steps.
One of the first actions you should take is to contact an experienced New Jersey domestic violence defense attorney. An attorney with experience handling domestic violence cases successfully can provide you with the guidance and representation you need. Attorney Leon Matchin, for instance, has extensive experience in defending clients against such charges and can help you navigate the legal system effectively.
Collect any evidence that might support your case. This could include text messages, emails, witness statements, or any other documentation that can provide context or explain the circumstances of the alleged violation.
Listen to your attorney’s advice and follow their instructions carefully. Their expertise will be crucial in presenting a solid defense and minimizing the potential penalties.
Consider Counseling or Therapy: Voluntarily seeking counseling or therapy can demonstrate to the court that you are taking steps to address any underlying issues. The judge may view this favorably, and it may help reduce the penalties.
Taking these steps can significantly impact the outcome of your case and demonstrate to the court that you are taking the matter seriously.
Taking these steps can significantly impact the outcome of your case and demonstrate to the court that you are taking the matter seriously.
Importance
When accused of violating a domestic violence restraining order, the stakes are high, and the consequences can be severe. Having experienced legal representation is essential for several reasons:
The legal language and implications of violating a domestic violence restraining order can be complex. A knowledgeable New Jersey defense attorney can help you understand the specific charges against you and what they mean for your future.
An experienced attorney can protect your rights throughout the legal process. This includes addressing any unlawful searches, ensuring you are treated fairly, and advocating on your behalf during hearings and negotiations.
A skilled New Jersey domestic violence defense attorney like Leon Matchin can develop a robust defense strategy tailored to your case. This includes gathering evidence, identifying witnesses, and exploring all possible defenses to challenge the charges against you.
Even if the evidence against you is strong, your defense attorney can work to mitigate the penalties you face. This might include negotiating a plea deal, advocating for a reduced sentence, or seeking alternative sentencing options like probation or counseling.
The legal system can be overwhelming and difficult to navigate on your own. An attorney can guide you through each step, from the initial arrest to the court hearings and beyond, ensuring you are well-prepared and informed.
Facing any legal challenge can be emotionally draining. Having an attorney who will not only defend your case but also provide support and guidance can make a significant difference in how you cope with the stress and uncertainty.
If you have been charged with contempt for violating a domestic violence restraining order in New Jersey, seek legal representation immediately. Attorney Leon Matchin has the knowledge, experience, and dedication to defend your rights and guide you through this challenging time. Contact Attorney Leon Matchin today to discuss your case and learn how he can help you achieve the best possible outcome.
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