Hackensack Lawyer for Cases Involving Violations of Domestic Violence Restraining Orders
Domestic violence restraining orders, are strictly enforced under New Jersey law. Under the Prevention of Domestic Violence Act (PDVA), intentionally or knowingly violating a restraining order may be considered an independent act of domestic violence, and this can lead to additional consequences and penalties for the individual subject to the order.
If you need help seeking protection due to a former spouse’s or partner’s violation of a domestic violence restraining order, or if you have been accused of violating a domestic violence restraining order, Scott Gorman can help. Scott is a domestic violence lawyer located in Hackensack, NJ who has over a decade of experience representing parties on both sides of complicated domestic matters. An aggressive advocate who is passionate about protecting his clients, Scott can help you seek relief in court – including emergency relief if necessary – and he can defend you if you are facing criminal consequences due to allegations of stalking, assault or abuse.
Criminal Penalties for Violation of Domestic Violence Restraining Order
Along with enhanced restrictions under your restraining order, if you are accused of violating a domestic violence restraining order, you can also potentially face criminal penalties. Under the PDVA and the contempt provisions of the New Jersey Criminal Code of Justice, an intentional violation of a temporary restraining order or a final restraining order can be prosecuted as a fourth-degree offense. Pursuant to Section 2C:29-9 of the Criminal Code of Justice:
“[A] person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the [PDVA] or an order entered under the provisions of a substantially similar statute under the laws of another state . . . when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense. . . . In all other cases a person is guilty of a disorderly persons offense if that person purposely or knowingly violates an order entered under the provisions of the [PDVA or] a substantially similar statute.”
In New Jersey, fourth degree indictable offenses carry penalties of up to 18 months of imprisonment and a $10,000 fine. If your violation is charged as a disorderly persons offense, you can face up to six months of jail time and a $1,000 fine. In either case, due to the potential for severe criminal and non-criminal consequences, it is critical that you seek representation from an experienced domestic violence lawyer immediately.
Request a Free Initial Consultation at The Gorman Law Firm
To schedule a consultation with domestic violence lawyer Scott Gorman, please call (201) 489-9199 or request an appointment online. You can contact us 24/7, and if we are not available immediately we will respond to your inquiry shortly. With offices in Hackensack and Morristown, we represent clients throughout New Jersey.