Restraining Order Violation Defense Lawyers in Monmouth County, NJ | Marlboro | Freehold
If you face a restraining order violation in New Jersey, you are about to encounter a steep legal battle. The courts may be unwilling to hear your side of the story – and quick to believe the other side. Even when your innocence is evident, a judge might be quick to impose harsh penalties. When you face serious ramifications for violating a restraining order, you need an aggressive defense attorney who isn’t afraid to stand up to the prosecution.
For decades, the lawyers at Rudnick, Addonizio, Pappa & Casazza, PC have helped clients challenge restraining orders throughout the Bayshore Area. We can also help if you have been accused of violating a restraining order. Contact us today to learn how we can help. Our criminal defense attorneys serve clients in Hazlet, East Brunswick, Bayshore, Middletown, Holmdel, and throughout Monmouth, Middlesex, and Ocean Counties.
What is a Restraining Order in New Jersey?
A restraining order is a formal order issued by a judge at the request of one person instructing another person to cease a particular behavior. It can be applied with respect to many kinds of direct or indirect contact such as being barred from your residence if your accuser lives with you or to cease written or spoken contact with them.
How a Restraining Order Works in New Jersey
Only a judge can grant a request for a restraining order. The Victim (the Other Party) must first establish that:
- A specific type of relationship (dating relationship, family relationship, household relationship) exists between themselves and the other person.
- The Defendant has committed one of 14 specified criminal offenses categorized as domestic violence by the state of NJ, such as a recent act or threat of physical violence, harassment, a recent sexual assault, molestation, stalking or severe verbal abuse. Speak to an experienced criminal attorney at Rudnick, Addonizio, Pappa & Casazza, PC about your particular situation.
- There has been a prior history of abuse by the Defendant— a pattern of threatening conduct, not just a single incident of it.
The judge who issues a restraining order tailors it to the specific requirements of the Victim. It outlines:
- The people protected
- The conduct prohibited
- The locations you are not allowed to go to (home, work, etc.)
- Financial penalties
- Mandatory registration in a domestic violence database
This can affect your entire life. You may be barred from seeing your children and from returning to your home. It could affect your job. Also, you will be forced to forfeit any weapons you currently possess.
Conditions of a New Jersey Restraining Order – and Penalties
Once you have been served with a copy of the restraining order, you are officially on notice of what behavior may not be engaged in from that point on. Violating the order by engaging in the prohibited behavior can subject you to being arrested, fined or imprisoned, as well as further restrictions such as being forbidden access to firearms.
If the Victim accuses you of violating a restraining order, you will most likely be arrested and prosecuted by the county prosecutor’s office. You will then be brought to court for a bail hearing. Eventually, a judge decides your fate – you could face up to 18 months in prison or a fine up to $25,000. You can be put on probation, forced to undergo substance abuse evaluation and have to pay stiff fines, etc. Further, your freedom could be at stake. In fact, if you are accused and convicted of violated a restraining order more than once, you will face a mandatory jail sentence.
Criminal Defense When You’re Accused of Violating a Restraining Order
The accusation of violating a restraining order can subject a Defendant to criminal prosecution and, upon conviction, to fine and/or imprisonment. But what if the Defendant’s actions were not truly in violation? What if your actions were misinterpreted? What if the accusation was brought maliciously?
Here are some possible defenses that may apply to your case:
- The Victim initiated contact
- You violated the restraining order unintentionally
- The order was not issued properly
- The order was issued illegally
- The terms of the order were unclear
- You did not know a restraining order was issued against you
- The violation was de minimis (minor or technical violation)
Whatever the circumstances, the prospect of being the defendant in a criminal action should lead you to consider engaging a qualified criminal defense lawyer from the offices of Rudnick, Addonizio, Pappa & Casazza PC.
Speak with an Experienced East Brunswick NJ Criminal Defense Attorney about Your Restraining Order or Domestic Violence Case
Whether you’re the Victim or the Defendant in a restraining order case, Rudnick, Addonizio, Pappa & Casazza PC are ready to provide high-quality legal service when you need it. From our Hazlet and East Brunswick offices, we serve clients in and around Hazlet, Middletown, Keyport, Union Beach, Holmdel, Red Bank, Monroe, Rumson, Asbury Park, Highlands, Atlantic Highlands, Leonardo, Sea Bright and Monmouth Beach. Call today at 888-657-8883 to schedule a free consultation, or fill out a contact form online.