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Flemington NJ Restraining Order Violation Lawyers

October 25, 2020 Flemington Criminal Lawyers

The ramifications for a charge for criminal contempt, also known as violation of a restraining order, can be severe at the time of sentencing at the Hunterdon County Superior Court in Flemington.  The criminal record you will end up with will impact your ability to get a job, professional licensing or to maintain your immigration status. The possibility of incarceration is very real. The most effective strategy for escaping consequences such as these is to retain a defense lawyer who is highly skilled in defending a New Jersey restraining order violation.

Pretrial Detention In Hunterdon County Restraining Order Violation Cases

Defendants no longer have the absolute right to post bail after processing on a warrant complaint. The rule is now mandatory pretrial detention.

Here is the customary sequence of events at police stations in Readington, Clinton Township, Raritan Township or other local towns.

  1. The defendant is processed on a warrant.
  2. They are then transported to the Hunderton County Jail where they await their chance to appear before a Superior Court judge in Flemington within 48 hours.
  3. If the prosecutor chooses to file a motion to detain (common in domestic violence related cases), the accused is automatically held for an additional three days until a detention hearing can be conducted.
  4. The result of the detention hearing dictates whether or not the defendant will be released before the trial. It is critical at this stage to have a savvy criminal attorney fighting for you. A lawyer with considerable experience in this area can intervene in hopes of dissuading the prosecutor from putting in a detention motion and also provide thorough representation in the event that a formal hearing becomes necessary.

How Would the Hunterdon County Prosecutor’s Office Prove Criminal Contempt?

The state has to prove four things beyond reasonable doubt to convict you of fourth degree violation of a restraining order.  These include

  1. A restraining order was in effect;
  2. At least one term of the order was violated;
  3. The conduct was purposeful or knowing; and
  4. The conduct constituted a crime of first, second, third or fourth degree, or a disorderly persons offense under the law.

To prove a Disorderly Persons Offense for Criminal Contempt, all of the elements are the same as a fourth-degree violation except element four (4).

Are There Some Kinds Of Conduct That Wouldn’t Result In Criminal Contempt?

Yes there are. You’re exempt from being charged with contempt if the conduct involves violation of a provision in an order covering parenting time, making a payment or some form of support, attending counseling or possessing property.

What Penalties Exist For Violating a Restraining Order?

A conviction for fourth-degree criminal contempt can get you up to 18 months behind bars and a fine as much as $10,000. A disorderly persons offense for criminal contempt can get you up to 6 months in county jail and a $1,000 fine. A mandatory term of incarceration of 30 days that applies when a person  gets sentenced on a second or subsequent violation of 2C:29-9(b)(1).

If The Restraining is Dismissed, Does That Eliminate The Contempt Violation?

Pursuant State v. Sanders,327 N.J.Super. 385 (App.Div.2000), it is irrelevant that the plaintiff subsequently dismisses the restraining order. If there was an order that was violated, what happens afterwards is irrelevant to prosecution under 2C:29-2(b)(1).

The attorneys at our firm defend clients accused of violating restraining orders in Hunterdon County, including those arrested in Flemington, Readington, East Amwell, Clinton Township, Raritan Township, Bethlehem, Union Township, Lebanon, Stockton and elsewhere.

A lawyer Spodek Law Group is available around the clock for free consultations. Call to speak to an attorney now.

 

 

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