The Former Prosecutors & Highly Accomplished Violation of a Restraining Order Defense Lawyers at Our Jersey City Law Firm Are Available To Discuss Your Charge At 201-309-0500
The attorneys at our firm defend clients charged with criminal contempt for allegedly violating a restraining order in Jersey City, Union City, Hoboken, West New York, Weehawken, Bayonne or anywhere else in Hudson County. A contempt offense is a serious matter since a conviction for violation of a restraining order leads to not only a record and penalties but also that real possibility of incarceration (i.e. jail or prison). It is therefore crucial that you obtain the advice of an experienced Hudson County domestic violence lawyer if you are facing a restraining order violation in Jersey City.
We are the Law Offices of Jonathan F. Marshall, a 10 attorney criminal firm in Jersey City that has been defending contempt charges at the Hudson County Superior Court for decades. This is not a group with thin qualifications (e.g. in practice for a limited time period, no trial experience, etc.) but rather a powerhouse team of litigators with over 150 years of combined experience. Most of the defense lawyers on our staff have over 15 years experience and are former prosecutors, including a former director of major crimes, the drug task force, domestic violence unit and the entire trial team. To discuss the specifics of your restraining order case with a savvy domestic violence lawyer, contact our Jersey City Office at (201) 309-0500 for a free consultation.
Facing A Criminal Contempt Charge in Jersey City For Violating a Restraining Order?
The offense of contempt is set forth at N.J.S.A. 2C:29-9. This law makes it a criminal violation to “purposely or knowingly disobeys a judicial order or protective order”. The severity of related charge is predicated on the nature of the conduct giving rise to the offense. If you someone commits a disorderly persons offense like harassment, simple assault or terroristic threat against someone protected by a temporary or final restraining order, 2C:29-9 makes the violation a fourth degree crime. Violation of a restraining order is a disorderly persons offense when the conduct involves disobedience of a provision of an order issued under the Prevention of Domestic Violence Act but does not constitute the commission of a new criminal act of domestic violence; in other words, the accused only violated the restraining order but did not commit a new act of domestic violence against the victim.
What Is Required For Someone To Be Arrested For Criminal Contempt By the Police in Union City, North Bergen, West New York, Jersey City, Bayonne or Another Hudson County Municipality? The law requires a finding of probable cause that a restraining order has been violated in order for the police to make an arrest for a violation of 2C:29-9. While you might hope that this means that a full investigation needs to be conducted before someone is arrested and charged with contempt, this is not the case. All this requirement really contemplates is that there was an order in place and that the police find the claim that someone violated the terms of a restraining order to be credible.
Are There Any Types Of Conduct That Are Exempt From Contempt Proceedings? Yes. An individual cannot be prosecuted for criminal contempt where the conduct involves a violation of a provision of the restraining order concerning visitation, financial support (i.e. child support, payment of expenses, etc.) or possession of personal property.
What Is Supposed To Happen If The Police Believe Someone Violated A Restraining Order? The accused is supposed to be arrested and processed. This not only means that the a criminal complaint for contempt is issued and served on the defendant but often that he/she is also taken to the county jail until such time as they have their first appearance before a judge.
What Penalties Does Someone Face If They Are Convicted In Jersey City For Violating A Restraining Order? A conviction for a disorderly persons offense for contempt results in up to six (6) months in jail and a $1,000 fine at the time of sentencing at the Hudson County Courthouse in Jersey City. You should also know that there is a mandatory minimum term of incarceration of at least 30 days for a second or subsequent disorderly persons offense for contempt. If the conviction is for a fourth degree contempt, a felony, the punishment is more severe. There is up to eighteen (18) months in a State prison and a fine that can reach $10,000. If someone has a previous conviction for an indictable criminal offense (e.g. first, second, third or fourth degree crime), there is a presumption of incarceration for even a first conviction for fourth degree contempt.
Hudson County NJ Restraining Order Violation Attorneys
The Law Office of Jonathan F. Marshall possesses experienced Hudson County attorneys with the skill to secure an acquittal to your restraining order charge. The criminal lawyers on our team have successfully defended countless individuals faced with contempt charges in Jersey City and other locations around the state. If you or a loved one was arrested for allegedly disobeying a temporary restraining order or even a final restraining order, we will do what it takes to ensure that a conviction is avoided. Call us at 201-309-0500 to speak to an attorney about the allegations that you violated the conditions or requirements of a restraining order. A lawyer is available to take your call 24/7 so do not hesitate to contact us at your convenience.
