What to expect for violation of restraining order(s)?
Question Details:
I had a TRO and violated it. The TRO was dropped 10 days later. Are there charges coming for the violation? I then had a 2nd TRO filed a month and 1/2 later and violated that. I spent a night in jail both times and posted bail. What type of fines and/or jail time am iI looking at? Can they combine the charges into one? Will I have to serve any jail time? The second TRO is still pending. I do not know if it will be dropped or pushed to a FRO. I am the only source of income for the family. We have three kids does that make any difference in the courts eyes?
How did you voilate it? If your accused of committing a Second Degree, Third Degree, or Fourth Degree Offense in violating the order, for example, Aggravated Assault, Stalking, Harassment, Simple Assault, or terroristic threats, then you would be subject to the penalties associated with not only that offense but those applicable under the domestic violence laws contained at N.J.S.A. 2C:25-30 and N.J.S.A. 2C:29-9 (Fourth Degree Criminal Contempt). These laws impose a mandatory period of incarceration of at least 30 days in jail for a second violation of a restraining order and this is a minimum sentence and not a presumptive sentence. In fact, since a violation of a Final Restraining Order is a Fourth Degree Offense under N.J.S.A. 2C:29-9, an individual could be sentenced to jail for up to eighteen (18) months if convicted. Hope this helps.
