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What happens when someone violates a restraining order?


When a domestic violence case is pending in a New Jersey court, a restraining order will oftentimes be implemented. The restraining order forbids the defendant who is alleged to have committed the domestic violence from contacting the alleged victim in any way. While under a restraining order the defendant is not allowed to contact the alleged victim in person, by mail, by electronic means or even be within a certain set distance from the alleged victim.

So, what happens when defendants are accused of allegedly violating restraining orders? As almost any criminal defense law firm would know, this type of allegation can open up a whole new area of concern. An experienced criminal defense attorney can assist a New Jersey resident who has been accused of violating a restraining order.

First, the alleged violation would need to be brought to the attention of law enforcement officials. This is usually done when the alleged victim fills out a "Contempt of Restraining Order" complaint. This document will inform the court as to how exactly the alleged violation of the restraining order occurred.

From there, the defendant will likely be arrested. The defendant will then usually get a chance to post bail before a hearing on the actual allegations occurs. At the hearing, the prosecuting attorney will present the alleged facts regarding the violation of the restraining order. The defendant may have counsel present as well, and may present evidence that refutes the allegations. However, if the court finds that the restraining order was in fact violated by the defendant, a penalty could be the result, including the imposition of jail time or fines.

Source: www.judiciary.state.nj.us, "Domestic Violence," Accessed April 25, 2015

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