New Jersey Domestic Violence (DV) – TRO Sanctions Defense Attorney
When a Temporary Restraining Order is issued, it sets the conditions that you as a defendant must keep until the Judge decides whether to issue a Final Restraining Order. If you break the conditions, you will be charged with Contempt of Court in addition to the TRO.
If you are issued a TRO or a DV-related criminal complaint DO NOT VIOLATE THE CONDITIONS IN THE TRO! Consult immediately with a knowledgeable criminal defense lawyer to understand what steps need to be taken to defend yourself. Contact Howard Bailey at 973-982-1200 for a free consultation.
Defending a Client from Sanctions for Violating a TRO
Violating conditions of a TRO can result in the Judge issuing both Civil and Criminal sanctions against you. A client who is charged with violating the TRO can have additional criminal charges filed against them, be held in Contempt of Court for the violation, and be held in custody until all matters are resolved by the Court. In a recent case, criminal defense attorney Howard Bailey represented a client charged with breaking the jaw of a former girlfriend. Both criminal charges and a TRO were issued. While the matters were pending, the ex-girlfriend would call the client from a phone number he did not recognize and then hang-up.
The client would see that he had missed a call and return it, and then realize it was the girlfriend who answered the phone when she would say, ‘You are violating the RO by calling me…’ Each time the client was charged with another violation, arrested, and had to post another bail to get released. After the Judge refused to issue an FRO, the criminal charges were resolved by a Bench Trial and the client was convicted of a town ordinance for being loud and disorderly and issued a small fine. All other sanctions and charges were dismissed.
Civil and Criminal Contempt Sanctions
If you commit a violation of the restraining order, the Court can find you guilty of civil contempt, which usually results in the Court adding a fine to your penalties. If the Court finds that you committed another crime while violating the Conditions, the Court can find you guilty of criminal contempt and impose a jail sentence. If you are issued a DV criminal complaint or restraining order, consult immediately with an experienced criminal defense lawyer to learn what needs to be done to protect your rights and your freedom. Contact Howard Bailey at 973-982-1200 for a free consultation.