Being served with a restraining order can immediately change the way you are permitted to interact with another person, and violating the terms of that order can lead to serious consequences. Even when the alleged violation seems relatively minor, such as sending a text message or showing up somewhere you did not expect the protected person to be, you may find yourself facing a separate criminal charge. Continue reading and reach out to an experienced Union County criminal defense lawyer from The Mark Law Firm to learn more about what happens if you’re accused of violating a restraining order in New Jersey and how our firm can help protect your rights. Here are some of the questions you may have:

What Is Considered a Restraining Order Violation in New Jersey?

A restraining order is a court order, not simply a request from another person to stay away. For that reason, a person who purposely or knowingly violates its terms may be charged with contempt under N.J.S.A. 2C:29-9.

The specific restrictions imposed will depend on the terms of the temporary restraining order (TRO) or final restraining order (FRO). Common examples of conduct that may result in an alleged violation include:

  • Calling, texting, emailing, or otherwise contacting the protected person
  • Sending messages through friends, relatives, or other third parties
  • Going to the protected person’s home, workplace, school, or another prohibited location
  • Engaging with the protected person through social media
  • Threatening, harassing, stalking, or following the protected person
  • Failing to comply with another specific restriction contained in the order

Importantly, a protected person generally cannot give the restrained party permission to ignore a court order. Therefore, if your former spouse, partner, or another protected person reaches out to you first, responding could still create legal problems if the restraining order prohibits contact.

What Penalties Can I Face for Violating a Restraining Order in NJ?

The penalties for violating a restraining order depend considerably on what allegedly occurred.

Under New Jersey’s contempt statute, purposely or knowingly violating a domestic violence restraining order may constitute a fourth-degree crime when the underlying conduct could itself constitute a crime or disorderly persons offense. In other cases, the violation may be prosecuted as a disorderly persons offense. Some of the potential consequences you may face are as follows:

  • A fourth-degree criminal charge: A fourth-degree crime may carry up to 18 months of imprisonment.
  • A disorderly persons offense: Depending on the circumstances, an alleged violation that does not independently amount to another criminal offense may still result in a contempt charge.
  • Arrest and detention: An accusation of violating a restraining order can result in the defendant being taken into custody.
  • Additional criminal charges: If the alleged conduct involved assault, harassment, stalking, threats, or another offense, additional
  • charges may potentially be filed.
  • Consequences in related proceedings: An alleged violation may also complicate an ongoing domestic violence, divorce, custody, or family law matter.

What Should I Do if I’m Accused of Violating a Restraining Order?

If you have been accused of violating a restraining order in New Jersey, one of the most important things you can do is avoid further contact with the protected person.

Do not attempt to explain yourself directly, apologize, ask the person to drop the matter, or have someone else communicate on your behalf. Instead, preserve any texts, emails, call logs, social media records, photographs, surveillance footage, location information, or witness information that may help establish what actually happened.

The prosecution must prove the elements of the contempt charge, including that the violation was committed purposely or knowingly. For this reason, the particular circumstances surrounding the alleged contact can matter greatly.

If you are facing a contempt charge for allegedly violating a temporary or final restraining order, you should take the accusation seriously from the beginning. Contact an experienced New Jersey criminal defense attorney today to discuss your case and learn more about your legal options.