An allegation of violating a restraining order is an extremely serious matter in New Jersey. Known legally as Contempt of a Court Order, this charge is not just a family court issue; it is a criminal offense that can lead to mandatory jail time, a permanent criminal record, and significant fines. If you have been arrested for violating a Temporary Restraining Order (TRO) or Final Restraining Order (FRO) in Elizabeth, Linden, Plainfield, or anywhere in Union County, you need immediate legal representation from an experienced and aggressive defense attorney.

Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, possesses the skill and dedication necessary to defend individuals against these severe allegations. He understands the complexities of domestic situations and knows how easily unintentional contact or false accusations can lead to a criminal contempt charge. Mr. Rosen is committed to protecting your rights and fighting to keep you out of jail.

Understanding Contempt Charges in New Jersey (N.J.S.A. 2C:29-9b)

When a judge issues a restraining order, it contains specific prohibitions, such as no contact of any kind (in person, by phone, text, email, social media), no coming to the plaintiff’s home or work, and no harassing communications.

A person is charged with criminal contempt if they are accused of purposely or knowingly violating any provision of that court order. This is a separate criminal charge from the original domestic violence matter and is handled in the Criminal Division of the Union County Superior Court.

Key Point: The State does not need to prove that you intended to harass or harm the alleged victim; they only need to prove that you knowingly performed an act that the order prohibited.

Severe Penalties for Violating a Restraining Order

The penalties for contempt are harsh and escalate significantly for subsequent offenses. New Jersey’s Prevention of Domestic Violence Act mandates specific punishments for these violations.

• First Offense (Disorderly Persons Offense):

  • Charge: A criminal disorderly persons offense.

  • Jail Time: Up to six (6) months in the Union County Jail.

  • Fines: Up to $1,000.

  • Other: Probation, mandatory anger management or counseling.

  • Criminal Record: Creates a permanent criminal record upon conviction.

• Second or Subsequent Offense (Fourth-Degree Crime):

  • Charge: A fourth-degree indictable crime (felony).

  • MANDATORY JAIL TIME: A conviction for a second or subsequent violation requires a mandatory minimum sentence of 30 days in jail, which you must serve before becoming eligible for parole.

  • Maximum Jail Time: Up to 18 months in New Jersey State Prison.

  • Fines: Up to $10,000.

  • Criminal Record: Creates a permanent felony record.

Beyond these penalties, a contempt conviction can impact child custody arrangements, immigration status, and your right to own firearms.

Strategic Defenses to a Contempt Charge

Simply being accused does not make you guilty. The prosecutor must prove beyond a reasonable doubt that you knowingly violated the order. Brett M. Rosen will meticulously analyze the facts of your case to build a powerful defense. Common strategies include:

• Lack of Knowledge/Intent: The violation was not purposeful or knowing. This can include accidental encounters (e.g., being in the same supermarket), unintentional “pocket dials,” or situations where you were not aware of a specific prohibition in the order.

• False Accusation: The alleged victim has fabricated or exaggerated the claim. This is common in contentious domestic situations where one party may be trying to gain an advantage in a divorce or custody battle.

• Consent is Not a Defense: It is critical to understand that even if the person protected by the restraining order initiates contact or invites you over, you can still be charged with contempt. The order is from the court, and only the court can lift it.

• Constitutional Violations: Challenging any evidence obtained in violation of your rights, such as an illegal search or interrogation without proper Miranda warnings.

• Vague or Ambiguous Order: Arguing that the terms of the restraining order were unclear and you did not understand that your specific action was prohibited.

Frequently Asked Questions (FAQs)

Q: What if the other person contacted me first? A: It does not matter. The responsibility to obey the court order falls on you, the defendant. Even if the plaintiff texts you, calls you, or invites you to their home, your response can be considered a violation. The only safe course of action is to have no contact.

Q: Can I go to jail for a first-time violation? A: Yes. While jail time is not mandatory for a first offense, it is a very real possibility, with a maximum sentence of six months. An experienced attorney can often negotiate alternatives to incarceration, but it is never guaranteed.

Q: What is the difference between a TRO and an FRO violation? A: There is no difference in terms of the criminal charge. A knowing violation of either a Temporary Restraining Order or a Final Restraining Order is prosecuted as contempt under N.J.S.A. 2C:29-9b.

Q: How quickly will I be arrested if I am accused of contempt? A: Very quickly. Under the Prevention of Domestic Violence Act, police are required to arrest an individual when they have probable cause to believe a restraining order has been violated.

Q: Will this charge affect my family court case? A: Absolutely. A conviction for contempt can be used against you in divorce proceedings, child custody evaluations, and any other family court matters, as it may be seen as evidence of an inability to follow court orders.

Don’t Risk Mandatory Jail Time – Contact Brett M. Rosen, Esq. Today

When you are facing a charge of contempt for violating a restraining order in Union County, the stakes are incredibly high. You need a defense attorney who is a proven trial lawyer and an expert in New Jersey criminal law. Brett M. Rosen, Esq. has the experience to challenge the prosecution’s case and fight to protect your freedom.

Call now for a free and confidential consultation to discuss your case. 908-312-0368

Office address: 100 Jefferson Ave., Suite 301, Elizabeth, NJ 07201. 

Disclaimer: This website provides general information and does not constitute legal advice. The information on this page is not intended to create, and receipt or viewing of it does not constitute, an attorney-client relationship. You should not act or refrain from acting based on this information without seeking professional legal counsel specific to your situation. Prior results do not guarantee a similar outcome.