Restraining orders are often used to protect an alleged victim from further instances of abuse. Law enforcement and the courts take these orders seriously and sternly penalize violations. If you’ve been accused of violating a restraining order, the criminal defense attorneys at Sutnick & Sutnick Attorneys at Law can help.
Violating a restraining order is a criminal offense. Even though the restraining order itself is not a crime or an offense, violating one is. The police will arrest you and charge you on a criminal complaint. It is important to start defending the case immediately while evidence is still fresh and available.
Temporary And Final Restraining Orders
A judge may issue a restraining order following allegations of domestic violence or harassment. A restraining order prevents you from contacting the alleged victim in any way, including in person, by phone or through social media.
Generally, a judge issues a temporary restraining order (TRO) after the complaint. A TRO remains in effect until a hearing, typically scheduled within 10 days. At the hearing, the judge will either remove or extend a TRO or replace it with a final restraining order (FRO). In New Jersey, FROs do not have time limits and remain in effect until removed by the court.
Mandatory Arrests Follow Violations
Violating a TRO or FRO is a criminal offense and a mandatory arrest. After a first restraining order violation, the court could sentence you to jail time, fines or probation. A second or subsequent violation carries a mandatory jail sentence of 30-days or longer and additional fines.
Arrange A Free Consultation To Learn More
These cases are often based on your word against the alleged victim’s version of events. You need a strong legal advocate to protect your rights.
Schedule a free consultation with a lawyer at our offices in Hackensack, Wayne or the Bronx to discuss your options. To arrange yours, email our firm or call us at 201-212-4532. We represent clients in Bergen County, Passaic County and New York.