Morris County NJ Contempt Violation Defense Lawyers
Having a Temporary and even a Final Restraining Order entered against you can be extremely difficult to deal with. These orders are typically entered rather abruptly and follow usually a very emotional event. With that being said, these orders are taken very seriously by the court. A violation of these orders can easily land a Defendant fighting to stay out of the Morris County Jail and even State Prison. Since these orders are entered by Judges, they tend to take a violation very seriously and often times personal. As violating these orders in essences means that an individual willful disregarded a Judge’s request. If you or a loved one has been charged with violating either a TRO or a FRO in Morris County, the Law Offices of Marshall, Bonus, Proetta & Oliver can help. Our office has extensive experience representing clients charged with violating restraining orders in Morris County, in towns like Washington Township, Mt. Olive, Roxbury, Parsippany, Morristown, Dover, Denville and Madison. If you would like to contact our Morristown office today and discuss your options with any one of the eight criminal defense lawyers on staff, then please contact us directly at 973.309.7050.
N.J.S.A. 2C:29-9 is the governing statute in New Jersey for violations of restraining orders. Pursuant to N.J.S.A. 2C:29-9, a violation of a restraining order is considered Fourth Degree Felony. As you will see below, the likelihood of incarceration drastically increases and is in essence virtual certain to occur if a Defendant is convicted of 2C:29-9 twice. This is regardless of whether or not both violations occurred as a result of the same order.
Contempt Violation Defense Attorneys in Morris County NJ
In order for a Defendant to be convicted of violating a restraining order the State must prove three elements beyond a reasonable doubt. They are as follows:
(1) That a judicial order was entered;
(2) The Defenand impeded, obstructed, hindered and/or disobeyed said order; and
(3) The Defendant did so knowingly or purposefully.
As stated above, violating a domestic violence order, whether it be a temporary (TRO) or final restraining order (FRO), a Defendant is facing a fourth degree felony charge. A fourth degree felony is punishable by up to eighteen (18) months in a New Jersey State Prison and a fine not to exceed $10,000. In addition, if convicted of two or more contempt charges in New Jersey a Defendant is facing mandatory incarceration. Lastly, it is important to note here that an individual can be charged with violating a court order of protection in New Jersey even if the order of protection did not originate in New Jersey.
Contempt of Court Defense Lawyers in Madison NJ
At Marshall, Bonus, Proetta & Oliver we fully understand that with these types of charges time is of the essence. These types of charges tend to be rather time sensitive and need immediate attention. If you or a loved one has been charged with violating a court order, we can help. Our office routinely represents clients charged with violating an order of protection in the Morris County Superior Courthouse. If you would like to schedule a free consultation today please contact our Morristown office at 973.309.7050. We are available 24/7 to help assist in any way possible.