Violating a restraining order in New Jersey is a serious offense with severe penalties. Understanding the legal consequences of contempt is crucial for anyone involved with a protective order. Continue reading and contact a knowledgeable Mercer County criminal defense lawyer to schedule your free case evaluation today.

What Does a Restraining Order Do?

A restraining order is a civil court order designed to protect a victim from domestic violence or harassment by prohibiting the defendant from having contact with the victim and certain family members. It is an important legal tool intended to ensure the safety and well-being of those at risk.

There are two main types of restraining orders in New Jersey:

  • Temporary Restraining Order (TRO): A TRO is issued ex parte immediately after a judge finds there is probable cause to believe an act of domestic violence, stalking, harassment, or other abuse occurred and that an order is necessary to prevent further abuse. Ex parte means that only one side (the victim) is heard. It remains in effect until a final hearing can be held.
  • Final Restraining Order (FRO): If, after a full hearing with both parties present, a judge determines that domestic violence, stalking, harassment, or other abuse occurred and that a restraining order is required for the victim’s protection, an FRO is issued. An FRO never expires but can be modified or terminated under certain circumstances.

A restraining order outlines specific conditions the defendant must follow, which can include prohibiting all contact, ordering the defendant to move out of a shared residence, mandating specific financial support, and requiring the surrender of all firearms. Violating the terms of either a TRO or an FRO is a serious criminal offense.

What Are the Penalties for Violating a Restraining Order in NJ?

Violating a TRO or an FRO in New Jersey is a serious offense that is generally charged as a disorderly persons offense or fourth-degree crime, as outlined under N.J.S.A. 2C:29-9. It is considered contempt, as acting in opposition to the protective order directly violates a court order.

For a disorderly persons offense, the penalties include:

  • Up to 6 months in jail
  • Up to $1,000 in fines

As a fourth-degree crime, the defendant can face:

  • Up to 18 months in state prison
  • Up to $10,000 in fines

Second or subsequent offenses carry even harsher consequences. If the violation involves an assault, the violation is upgraded to a third-degree crime, which carries a potential prison sentence of three to five years.

In addition to criminal penalties, a restraining order violation can trigger additional consequences, including:

  • Bail conditions: The defendant will be arrested, processed, and potentially held on high bail until the matter is resolved.
  • Impact on child custody: A finding of contempt or a violation conviction is a factor that can be used against the defendant in family court proceedings, potentially leading to restricted or supervised parenting time.
  • Firearm seizure: A violation further reinforces the mandatory requirement that the defendant cannot possess any firearms.

Reach out to an attorney for more information and legal advice today.