FEDERAL CRIMINAL LAWYERS

Flemington NJ Restraining Order Violation Lawyer

You got charged with violating a restraining order last week in Flemington NJ, maybe after you texted the protected person despite the no-contact provision, or drove by their residence or workplace, or contacted them through a third party, or showed up at a location where you knew they’d be, or called them even though the FRO prohibits all contact, or you didn’t realize that “no contact” means absolutely zero contact of any kind including through social media or mutual friends. You don’t know if you’re facing disorderly persons charges carrying up to six months in county jail or fourth-degree charges carrying up to 18 months in state prison—you don’t understand that the severity depends on whether the violation involved force, threats, or weapons. You don’t know that violating a restraining order is criminal contempt under New Jersey law prosecuted as a separate criminal charge in addition to any underlying domestic violence charges. You don’t understand that there’s a mandatory minimum 30-day jail sentence for certain types of violations, you’re worried about whether this violation will make it impossible to ever get the restraining order dismissed in the future, and you’re concerned about the permanent criminal record and how this affects your existing FRO and any pending criminal cases.

The answer depends on multiple factors including whether the violation involved force, threats, or weapons which elevates it to fourth-degree criminal contempt, or whether it was a non-violent contact violation constituting disorderly persons criminal contempt. Disorderly persons contempt of a domestic violence restraining order under N.J.S.A. 2C:29-9 carries up to six months in county jail and a $1,000 fine under N.J.S.A. 2C:43-8, while fourth-degree contempt if the violation involved force, violence, or weapons carries up to 18 months in state prison and a $10,000 fine under N.J.S.A. 2C:43-6. These cases are prosecuted by the Hunterdon County Prosecutor’s Office and handled at municipal courts for disorderly persons violations or at Hunterdon County Superior Court in Flemington for fourth-degree violations. Certain violations carry a mandatory minimum sentence of at least 30 days in jail, meaning the judge cannot sentence you to probation or conditional discharge—actual jail time is required by statute. The violation also creates a permanent criminal record separate from any prior domestic violence charges, and it demonstrates to the Family Court judge that you violated the protective order which makes future motions to dissolve the FRO much more difficult.

Thanks for visiting Spodek Law Group. Our founder Todd Spodek earned his Bachelor of Science in Criminal Justice from Northeastern University in Boston and his Juris Doctor from the Elisabeth Haub School of Law at Pace University in White Plains, New York. During and after college, Todd worked at some of the largest law firms in Boston and New York, first as a file clerk then as a paralegal preparing multi-defendant cases for trial. During law school he was recommended for Moot Court where he successfully argued criminal cases. Todd is a second-generation attorney—Spodek Law Group was originally established in 1976, making it a nearly 50-year-old family-owned criminal defense practice. With over 20 years of experience practicing criminal defense, Todd has handled thousands of tough cases throughout his career and secured numerous acquittals at trial for clients facing the most serious charges including Felony Murder, Depraved Indifference Murder, Assault, Robbery, Menacing, Harassment, and Predatory Sexual Assault. His exceptional work has garnered national media attention—he represented Anna Delvey (Anna Sorokin) in her high-profile grand larceny case that was featured in a Netflix special series released in 2022, represented the juror at the center of Ghislaine Maxwell’s bid for a mistrial, and handled the Faith Walk Ministry case involving over $1.2 million in pandemic fraud charges. Todd’s work has been featured in the New York Post, Newsweek, Fox 5, Business Insider, and Bloomberg. Spodek Law Group has received over 700 client reviews reflecting our commitment to exceptional service and results. We’ve represented many, many clients charged with violating restraining orders in Flemington and throughout Hunterdon County at municipal courts and Superior Court, and we’ve achieved many, many successful outcomes including dismissals demonstrating no violation actually occurred, reduced charges showing the contact was accidental or minimal, and acquittals proving the defendant didn’t knowingly violate the order or that the protected person initiated the contact. If you’re reaching out to us—we understand the stakes you’re facing.

Criminal Contempt Charges and Mandatory Minimum Sentences

Violating a domestic violence restraining order is prosecuted as criminal contempt under N.J.S.A. 2C:29-9 subsection b, which is a separate criminal charge distinct from any underlying domestic violence offenses. The statute creates two levels of criminal contempt depending on the nature of the violation. Disorderly persons contempt applies when you violate the restraining order through non-violent contact—texting the protected person, calling them, sending messages through third parties, showing up at their residence or workplace, contacting them on social media, or any other form of contact prohibited by the order. Fourth-degree contempt applies when the violation involves the use or threat of force or violence against the protected person or another, or when a weapon is involved in the violation. The mandatory minimum sentence provision under N.J.S.A. 2C:29-9b(2) requires that for violations involving bodily injury or the use or threatened use of a weapon, you must serve at least 30 days in jail—the judge has no discretion to impose probation or a suspended sentence, actual incarceration is mandatory. Even for non-violent contact violations prosecuted as disorderly persons offenses, judges in Hunterdon County municipal courts take restraining order violations seriously and often impose jail time rather than probation, understanding that the FRO was issued specifically to prohibit contact and any violation undermines the protective purpose of the order.

Todd Spodek’s Strategic Approach to Restraining Order Violation Defense

In restraining order violation cases, Todd Spodek employs sophisticated defense strategies challenging whether a violation actually occurred and whether you knowingly violated the order. He examines whether you actually had knowledge of the restraining order’s specific terms at the time of the alleged contact—if you weren’t properly served with the FRO or didn’t understand the no-contact provisions, you cannot be convicted of knowingly violating it. He investigates whether the protected person initiated the contact, which while not a complete defense under New Jersey law, can be used to show that you didn’t purposely seek out contact and that the protected person doesn’t actually need protection. He challenges whether the alleged contact was truly intentional or whether it was accidental—running into the protected person at a public location you both frequent doesn’t constitute violation if you didn’t know they’d be there and left immediately upon seeing them. He presents evidence of the context of any contact—whether it involved discussion of child custody or property matters that required communication despite the order, whether the contact was minimal and non-threatening, and whether there was any force, threats, or violence involved. For cases involving text messages or social media contact, Todd analyzes whether you actually sent the messages or whether someone else had access to your phone or accounts. In Flemington and throughout Hunterdon County, Todd has handled restraining order violation cases at municipal courts for disorderly persons contempt and at Superior Court for fourth-degree contempt prosecuted by the Hunterdon County Prosecutor’s Office. His trial experience gives him the skills to challenge the prosecution’s evidence about whether contact occurred, whether it was knowing and intentional, and whether it warrants the serious criminal penalties including mandatory jail time. He understands that a contempt conviction not only creates a new criminal record but also makes it much more difficult to later seek dismissal of the underlying restraining order through a motion to dissolve filed in Family Court, since the violation demonstrates disregard for court orders and suggests continued risk to the protected person.

Call 212-300-5196.