Saddle Brook NJ Violation of Restraining Order Lawyers

The actual ramifications of violating a restraining order will depend on what the actual violation was. Was it contacting the victim directly?  Was it contacting the victim through a third party? Was it a new act of Domestic Violence? Was it being to close to the victim? Depending on what the actual underline violation was will dictate what degree of crime you are charged with. You can be charged with either a disorderly persons offense (misdemeanor) or a fourth degree indictable offense (felony) for violating the said restraining order. Of course if you committed a new act of domestic violence, such as stalking, harassment, assault or terroristic threats, you will also be forced to defend yourself on those charges as well. A violation of either a temporary or final restraining order can be complicated. If you or someone you know has been charged with a violation of a restraining order it is imperative that you speak to an experienced criminal defense trial attorney immediately. The Law Offices of Jonathan F. Marshall has been defending individuals charged with violating a restraining order throughout Bergen County in towns like, Mahwah, Ridgefield Park, Palisades Interstate Park, Elmwood Park, Fort Lee, Paramus and Saddle Brook. Here is some important information with regards to a violation of a restraining order.

Violating a Restraining Order Lawyer in Elmwood Park NJ:

Before a defendant can be convicted of violating either a temporary or final restraining order, the state must prove four material elements. They are as follows:

        1. That the said order which was the center of the violation was entered under the Domestic Violence Act;
        2. That the defendant violated the said order;
        3. That the defendant acted purposely or knowingly when committing the violation; &
        4. That the conduct which constituted the violation also constituted a crime or disorderly persons offense.
As you will see below, the defendant may also be facing a disorderly persons offense as a result of committing  the said violation. If that is the case, the state will not have to prove that the alleged conduct which constituted the violation in question was also a crime or disorderly persons offense.  In addition, the state will only need to prove that the defendant acted knowingly when committing the said violation.
 

Degree of the Offense & Applicable Penalties:

A defendant will be convicted of a fourth degree crime if the conduct which constituted the violation of the restraining order was either an indictable offense or disorderly persons offense. However, if the conduct is not a crime or disorderly persons offense,  a knowing violation of the said restraining order is a disorderly persons offense (misdemeanor). It is important to note here, that a restraining order, whether it be temporary or final, is not a crime, but a violation of the said order will be a crime and will result in a criminal record.
 

Restraining Order Violation Lawyers in Lodi NJ

As you can tell from above, a violation of either a temporary or final restraining order can be very confusing. Further, the ramifications of being convicted of a violation of a restraining order can have lifelong consequences, as the violation will result in a criminal record and potential jail time. Therefore, it is imperative that you speak to an experienced criminal defense attorney immediately about your options. If you have any further questions please contact any one of our Bergen County Offices for a free initial consultation about your pending charges.