Violation of a Restraining Order
Question Details: I was charged on 7/17/2009 and on 09/24/2009 for Violation of a Restraining Order. I was not foud guilty of either charge. when I went to court on 09/28/2009 and spoke with the prosecutor for a pleas, She offered me a fine. I asked the question if a take the plea and when I go to court for the charge on 07/17/2009 for Violation of a Restraining will I be subjected to the maindetory 30 day jail time. the proscutor advised the way the law is rear in NJ I would have to be convicted of a charge at the time of arrest for the mandetory 30 days to apply in my case. Is this true?
First, if you are arrested for violation of a domestic Violence restraing order and CONVICTED of the violation, you may be subject to fines, costs and jail. 30 days is the usual. But you must be convicted of the violation. not just charged with the violation. Here is the point that sometimes arises. a person may receive a restraining order as a result of alleged domestic Violence and receive a Temporary restraint that stays in effect until you go to court. If while the restrainning order is in effect and has not been dismissed, you a picked up for a violation of the temporary order PRIOR to its dismissal you could be found guilty of a very technical violation. The proscecutor may take that into consideration when reviewing your case. IF YOU WERE ARRESTED after the first restraining order was dismissed or vacated. you are not guilty of anything
