NJ VIOLATION OF A RESTRAINING ORDER
Penalties for Contempt Violation in Camden County: Understanding the Charges
If you’ve been accused of violating a restraining order, you could face some serious penalties. This is especially true if it’s not your first offense. Camden County police officers can charge you with a violation even if your accuser merely alleges that you made personal contact, sent a text or phone call, or did not comply with an existing restraining order. To build a strong defense and get the possible outcome in your case, Todd Spodek law firm can help. We have a capable team of experienced attorneys who are former domestic violence prosecutors and are ready to come to your aid.
Understanding the Core Elements of a Contempt Offense
Before the prosecutor in Camden County can convict you of contempt, they need to prove three things:
1. The existence of the restraining order on the day of the incident.
2. That one or more provisions of the order were violated.
3. That the violation was willful, knowing, or purposeful.
If what you did doesn’t amount to disorderly persons’ offenses or crimes on their own rightsand falls within disorderly persons’ category if not; otherwise will be considered fourth-degree crime- alternatively- if it amounts to another breach- such as assaulting your plaintiffmaking contempt fourth degree charge inevitable.
Available Defenses for Your Contempt Arrest
We offer several defenses that our clients could use when charged with violating a restraining order in places like Pennsauken, Audubon Collingswood or Runnemede among others:
One available option is arguing that there isn’t enough evidence from state prosecution’s side supporting elements indicating contempt.
Another option is proving that aspects relevant during instances which allegedly resulted in contempt cannot be enforced through contempt accompanying restraining orders i.e., paying rent or owning property temporarily among others.
Lastly, de minimis infraction defenses exist as per New Jersey Law. To qualify for this defense, your situation must involve conduct within a customary license or display no explicit harm envisaged under the Domestic Violence Act. Your case could represent such a strange circumstance that authorities couldn’t have reasonably anticipated while passing legislature.
Understanding the Penalties of Violating a Restraining Order in Voorhees
The gravity of penalties dished out to an offender largely depends on the circumstances surrounding their violation in Voorhees.
Convicted for contempt-disorderly person offense: Maximum penalty- $1,000 fines and six months in jail. If you incur another disorderly person’s second offense for violating restraining orders- mandatory 30 day minimum jail term. Convicted for Fourth-degree crime of contempt and incur 18 months in jail accompanied by $10,000 fines. In either case, the judge could choose to review the restraining order accordingly to prevent further violations.
Why You Need Experienced Cherry Hill NJ Contempt Offense Lawyers
Receiving judgment over contempt violation is highly likely to bring with it adverse effects such as losing one’s freedom of movement or receiving a criminal record– past convictions can also inadvertently make penalties more severe. Other negative consequences may also result from your trial proceedings taking place in Mount Ephraim, Haddon Heights, Collingswood, Berlin among others.
Interested parties can provide themselves with the highest chances of avoiding getting slapped with severe punishments by consulting experienced Camden County criminal attorneys like Todd Spodek law firm. At phone contact number 856-662-8300 immediate assistance is available.
Grade of Contempt Violation and Corresponding Penalties
| Grade of Contempt Violation | Penalties |
| — | — |
| Disorderly Person Offenses | Maximum fine worth $1,000 and six months prison plus mandatory 30-day jail term for subsequent disorderly persons’ offenses|
|Fourth-Degree Crime| Up to 18 months of imprisonment plus fines amounting to $10,000|
Available Defenses for Contempt Arrest and Violation
| Available Defenses |
| — |
|Insufficient evidence to prove the violation elements |
|Violation not enforceable through contempt|
|De minimis infraction defense under New Jersey law|
The Core Elements of Contempt Offense
| The three core elements |
| — |
|A restraining order existed on the date of the incident.|
|The accused violated one or more provisions of the order.
|The violation was willful, knowing, or purposeful.|
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS