Violation of a Restraining Order in New Jersey
Domestic violence is a serious issue in the United States. New Jersey has very clear rules governing domestic violence and protecting those that are being abused. This law attempts to provide victims of domestic violence with the maximum protection possible.
It is gender neutral. That is, both men and women can get a Restraining Order from the courts. A Final Restraining Order (FRO) lasts forever and is effective in all fifty states.
Power and Control
Domestic Violence is all about power and control. The control can be through isolation, emotional abuse, physical or sexual abuse, harassment, economic abuse, threats, intimidation, acting like the “master of the castle” and alike. However, there are instances where people are falsely accused but are prosecuted for domestic violence anyway. If you find yourself in a position where you believe you may need a Restraining Order or are being accused of domestic violence and are facing a restraining order or have violated a protective order you need the assistance of an experienced Defense Attorney. Mark A. Schneider has over 25 years of courtroom experience and can help protect your rights.
Contact Mark A. Schneider Today
Temporary Restraining Order
Before issuing a domestic violence restraining order, the New Jersey courts must consider several factors, including the following:
- Whether the victim qualifies under the Act for protection
- Whether a listed or qualifying act of domestic violence occurred
- the previous history of domestic violence between parties, including threats, harassment and physical abuse
- the existence of immediate danger to a person or property
- financial circumstances of the parties
- the best interests of the victim and any children involved
This list is not exhaustive, however if after consideration of these such factors the court finds that a Restraining Order should be issued, it can keep you out of your home, restrict your contact with your children or other relatives, seize your hunting licenses, hunting weapons, firearms, order payment of household bills, support legal fees and much more.
Arrest and Bail
Any violation of the protective order can result in an arrest and a bail requirement to be released. Violations of the terms of the Final Restraining Order (FRO) or sometimes a Temporary Restraining Order (TRO) are considered criminal offenses which can result in a jail sentence. A jail term of imprisonment is mandatory with repeated violations. While the original Restraining Order is issued in the civil court, contempt actions are heard under the criminal code.
Contact an Attorney
If you need a restraining order or are facing a restraining order or its violations, you should not attempt to handle this alone. It is imperative to contact an attorney skilled in Restraining Order matters. Call Attorney Mark A. Schneider today for a free consultation to discuss your case 609-242-9337.