In New Jersey, restraining orders are granted by a judge to protect a person from domestic violence. The state takes violations seriously, but not every allegation necessarily means you broke the law. If you have been accused of a civil restraining order violation in Ocean County, an experienced defense attorney from the Law Offices of William C. Fay IV can help protect your rights and reputation.
As a former Deputy Attorney General, William Fay has extensive experience investigating and prosecuting criminal cases, giving him deep insight into how the state builds its cases. That first-hand experience gives him an inside perspective that he leverages when developing defense strategies to match the unique needs of every client.
Our law firm focuses on pursuing the best possible results for our clients. Mr. Fay has achieved favorable outcomes in many cases involving domestic violence crimes, including the dismissal of a final restraining order (FRO) that had been in place for one client for over 30 years. While past results cannot predict what will happen in a future case, they do demonstrate Mr. Fay’s commitment to protecting every person’s right to a strong criminal defense. As one client said:
“Mr. Fay is extremely caring and knowledgeable. He took the time to explain the entire process in a very clear manner and was a tremendous help during a stressful time. He was always available to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an attorney.”
If you need a restraining order violation lawyer in Ocean County, call or contact us today for a confidential, free consultation.
What Constitutes a Restraining Order Violation in New Jersey?
In New Jersey, restraining or protective orders prohibit defendants from engaging in certain types of conduct or contact. For example, restraining orders may order a defendant to avoid direct or indirect contact with an alleged victim, visiting the person’s home or work, or possessing firearms and weapons.
Violations of domestic-violence protective orders can involve acts such as:
- Physically approaching the protected person
- Going to the individual’s home, workplace, school, or other locations designated in the order
- Texting, calling, or emailing the protected person
- Attempting to contact the person indirectly through family members, mutual acquaintances, or social media
Criminal Contempt Charges for Violating a Restraining Order
An accusation of violating a temporary restraining order (TRO) or an FRO can expose you to a charge of criminal contempt in Ocean County. You may need a restraining order violation attorney to help you resolve criminal contempt charges, which can carry serious penalties.
Under New Jersey law, knowingly or purposely violating a domestic-violence restraining order could be charged as a disorderly persons (misdemeanor) offense or a fourth-degree crime, depending on the circumstances. Generally, a violation may be a fourth-degree crime if the act itself could constitute a separate criminal offense.
What Evidence Is Used to Prove a Restraining Order Violation?
Examples of evidence that the prosecution might use to prove a restraining order violation include:
- Police reports
- Text messages
- Social media posts
- Surveillance video
- Eyewitness statements
- Phone records
- Cell tower logs
An experienced criminal contempt lawyer can investigate the case and obtain evidence to refute allegations of restraining order violations, domestic violence, sexual assault, or other related charges.
Defending Against Restraining Order Violation Charges
Defense lawyers employ various strategies for defendants accused of violating restraining orders, and each one must be tailored to the facts of the case. Common legal and factual defenses to restraining order violation charges may include:
- Ambiguous restraining order language – Defendants may assert that unclear language in the restraining order failed to inform them of what conduct they should not have engaged in.
- Unintentional violation – A defendant may convince a court not to hold them in contempt for violating a restraining order by arguing that they did not purposely or knowingly violate it.
- De minimis violation – Under New Jersey law, a de minimis defense would argue that the act technically broke the law, but it did not cause harm or was so trivial that it does not warrant prosecution.
- Mistaken identity – A defendant may claim that the protected person or eyewitness mistakenly identified them as the perpetrator of a restraining order violation. Presenting evidence of an alibi can support this defense.
- False accusations – A defendant may assert that a protected person has falsely accused them of violating their restraining order, perhaps to retaliate against them or to gain an advantage in other legal proceedings, such as child custody matters.
- Insufficient evidence – Defendants may contend that the prosecution’s case fails to prove beyond a reasonable doubt that they violated a restraining order.
- Emergency or necessity – In a necessity defense, a defendant can claim that they needed to commit an act that may have violated a restraining order to prevent an even greater harm.
Penalties for Violating a Restraining Order in New Jersey
The potential penalties a court may impose for violating a restraining order in New Jersey depend on the nature of the violation. A criminal contempt conviction that constitutes a disorderly persons offense carries a penalty of up to six months in jail and a fine of up to $1,000. However, when a criminal contempt conviction is for a fourth-degree crime, punishments increase to up to 18 months in prison and a fine of up to $10,000. Repeat violations of restraining orders can also lead to mandatory minimum jail terms.
In addition to the penalties for criminal contempt, committing a separate criminal offense as part of the restraining order violation can also lead to a separate conviction for that crime, which may result in probation, additional incarceration, and fines.
Speak With an Ocean County Restraining Order Violation Lawyer Today
You shouldn’t have to deal with the consequences of a restraining order violation charge alone. At the Law Offices of William C. Fay IV, we provide skilled representation to our clients — starting by being accessible in your time of need. Mr. Fay regularly communicates with his clients by cell phone, not through messages relayed by a paralegal or support staff. If you’re looking for that kind of legal help, call or contact us today for a free initial consultation with an Ocean County restraining order lawyer.