Flemington NJ Restraining Order Violation Lawyers
The Severe Consequences of Criminal Contempt in Hunterdon County
If you have been charged with a violation of a restraining order or criminal contempt in Hunterdon County, the potential consequences are severe. A guilty verdict will result in a criminal record that will negatively impact your ability to secure employment, obtain professional licensing, or even maintain your immigration status. Furthermore, there is a very real possibility of incarceration.
To avoid these consequences, it is crucial to retain the services of a highly skilled defense lawyer. Attorney Todd Spodek from the Spodek Law Group has extensive experience defending clients against New Jersey restraining order violations and can help you protect your rights.
Pretrial Detention in Hunterdon County Restraining Order Violation Cases
Under new rules implemented recently by Hunterdon County officials, defendants no longer have an absolute right to post bail after processing on a warrant complaint. Pretrial detention is now mandatory for those arrested under these charges.
Heres what usually transpires when someone has been arrested on restraining order violation charges in Readington, Clinton Township, Raritan Township or another neighboring town:
-The defendant is taken into custody and processed on a warrant.
-They are then transported to the Hunterdon County Jail where they are required to wait for their chance to appear before a Superior Court Judge located in Flemington within 48 hours.
-In domestic violence cases, the prosecutor frequently files a motion to detain at this point. This automatically requires the individual concerned has several more days added to their stay in detention till their detention hearing can be conducted.
The ultimate result of the detention hearing decides whether or not that defendant can be released before trial. Therefore it is critical at this stage to have an experienced criminal law attorney fighting for you like Attorney Todd Spodek who would step right in and intervene if necessary.
Proving Criminal Contempt Charges in Hunterdon County
For you to be found guilty of fourth-degree violation of a restraining order in Hunterdon County, the prosecutor must prove beyond a reasonable doubt the following four things:
-A restraining order was already in effect.
-At least one term of that order was violated.
-The conduct leading to the violation was purposeful or knowing.
-The conduct constitutes a crime of first, second, third, or fourth degree (or a disorderly persons offense) under New Jersey law.
However, should the criminal contempt charge be for disorderly persons offense, all elements mentioned above apply except point four.
If the alleged conduct involves violation concerning an order covering parenting time or similar situations like making payments, attending counseling, or possession of property. In such scenarios, you are exempt from facing charges on this particular front.
Potential Penalties for Violating a Restraining Order the Consequences
The step is taking towards violating a restraining order has severe consequences. A guilty verdict could lead to imprisonment and hefty fines. The sentence that follows after being convicted depends on how critical the breach was.
Fourth-degree criminal contouring comes with an 18-month jail sentence as well as $10k fine fees. Even more significant still is that when sentenced for the second time or more under 2C:29-9(b)(1), there is a mandatory minimum of 30 days incarceration attached to this.
A conviction for disorderly persons classification carries up to six months imprisonment in county jail and a fine of $1k.
According to State v Sanders ,327 N.J.Super. 385 (App.Div.2000), it holds no bearing if youve subsequently had your restraining order dismissed by the plaintiff. If there was an existing restraining order already in place that has been violated in any way during its term and scope, then what happens afterwards becomes irrelevant to prosecution under 2C:29-2(b(1).
Defense Against Restraining Order Violation Charges
Spodek Law Group understands how terrible contempt charges can be and the impact they can have on your life. We stand ready to provide you with the expert legal representation you need at this particular juncture. Our Attorneys understand New Jersey law and will ensure your rights are safeguarded while working tirelessly to defend you aggressively.
We have vast experience representing clients who were accused of violating restraining orders in Hunterdon County, including cases involving Flemington, Readington, East Amwell, Clinton Township, Raritan Township, Bethlehem among others.
Do not hesitate to contact the Spodek Law Group today and get a chance for a free consultation from accomplished attorneys who are available round the clock. Get the help you deserve as we work together towards defending your future.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS