Your former partner or any other party may claim that you behaved or acted with violence, threats, or harassment toward them. In response, they may petition the New Jersey civil court to receive an order of protection from you. Having an order of protection against you does not necessarily mean you now have a criminal record. However, in the end, this may transpire if you are found guilty of breaking its terms and conditions. With that being said, please read on to discover what happens if you violate an order of protection and how a seasoned Morris County, New Jersey criminal defense lawyer at the Macri Law Firm can help you stay in line with this charge.
What happens if I violate an order of protection?
To reiterate, an order of protection is a civil action handled by the New Jersey civil court. However, violating one may constitute criminal contempt of court and subsequently be passed on to the state’s criminal court. If they ultimately rule that the accusations are grounded in fact, you may face jail time of up to 180 days and a fine of up to $1,000. And for a second or subsequent conviction, you may have to undergo an additional, mandatory 30 days in jail. This is not to mention a permanent criminal record that will carry negative weight in many aspects of your life.
What happens if I am accused of a separate domestic violence crime?
It is one thing if you only violate your order of protection by an action such as trying to communicate with the protected party through text message or a phone call. But it may be much more serious if the protected party accuses you of committing another criminal offense in the process of violating your order of protection. Namely, they may claim you were the perpetrator of assault, aggravated assault with a weapon, domestic violence, or another violent crime.
It is worth mentioning that law enforcement officers take any accusation of an order of protection violation seriously. And so, before it is even determined whether the protected party’s claims are true, they may have to place you under arrest. They may then notify the New Jersey criminal judge of your arrest, and your criminal trial proceedings may commence.
At the very least, if you are ultimately found guilty here, you may be tried for a fourth-degree indictable offense. In the state of New Jersey, this means a prison sentence of up to 18 months and a fine of up to $10,000. Again, for a second or subsequent offense, there is a mandatory second sentence of 30 days in prison.
Before this gets too much, please seek the guidance and counsel of a competent Morris County, New Jersey criminal defense lawyer from the Macri Law Firm. We will work to the best of our ability to minimize or eliminate this mess from your immediate worry.
