Domestic violence allegations are taken seriously in Short Hills, and an accused person faces various penalties. In addition to criminal prosecution, a court could also issue a protective order against that individual. These orders can go into effect even if you have never been convicted of a crime.
If a New Jersey court has issued you a protective order, the consequences of violating its terms can be steep. Unfortunately, an arrest for a violation of these orders could occur from a misunderstanding or even a false report. At the Williams Law Group, LLC, a dedicated defense attorney could help you challenge an order of protection in New Jersey or fight back against violation charges.
Protective orders—commonly referred to as restraining orders—can prohibit a wide range of behaviors. Each order contains specific guidelines and limitations that a person must comply with. These guidelines could include a prohibition on entering the reporting witness’ home, school, or place of work. It could also limit contact with their friends or family as well, as well as restrict access to firearms or other weapons. Restraining orders come in two varieties: temporary and final.
A temporary restraining order is short-lived and typically goes into effect immediately upon an arrest for domestic violence. However, the court will review each order within ten days of being granted to determine if it is necessary. At the hearing, a court could either withdraw a temporary restraining order or make it final. At this stage, it is crucial to contact a Short Hills attorney who could fight against the implementation of a protective order at the hearing.
As the name suggests, a final protective order could be more permanent. Once these orders are issued, they remain in effect until the court determines they are no longer needed. The hearing to determine if an order becomes final can include testimony and will cover issues regarding child custody, living arrangements, and limited contact between the two parties.
Violating a restraining order can come with serious consequences. A protective order—even a temporary one—is a legal order signed by a judge. Violating any of the terms is a criminal offense that could lead to charges of contempt of court.
Contempt is categorized as a disorderly person’s offense. Under the law, willfully violating a protection order could lead to a maximum of six months in jail as well as a fine of no more than $1,000. However, this assumes that allegations of violating an order of protection do not come with additional charges that could increase the potential penalties.
The good news is that allegations of violating an order of protection are defensible. A protective orders attorney in the area could help mount a defense against a contempt of court claim.
If you face allegations that you knowingly violated a protective order, you could face the real possibility of jail time and fines. To protect your rights and freedom, it is crucial to get legal representation from an attorney with experience handling these types of cases.
Do not put yourself at risk by acting as your own attorney. Let a Short Hills protective orders lawyer at the Williams Law Group, LLC help you build an effective defense. Call us today to discuss your situation.