Violation of a TRO or Final Restraining Order

If you violate the TRO or final restraining order you can be charged with either a disorderly persons offense or a crime of the fourth degree. Disorderly persons violations are heard in family court while crimes of the fourth degree are heard in criminal court. A fourth degree offense occurs when the violation of the restraining order involves a disorderly persons offense or crime.

Any violation of the no contact, no further acts of domestic violence and other provisions of Part 1 of the protective order is considered contempt. The standard of proof is the one used in criminal proceedings, or proof beyond a reasonable doubt that the defendant violated some condition of the TRO or final order.

The penalty for violating a TRO or final order for the second or subsequent time is a mandatory 30-day jail time and can be up to six months in jail. Any violation of a TRO that is considered a fourth degree crime carries a possible 18-month prison sentence, although this is discretionary. However, if the contempt involved a separate criminal offense, then you may be subject to those penalties as well.

What is a Restraining Order?

A restraining order is a civil order issued by a judge that provides protection for the victim (plaintiff) and his/her family from harm by a spouse or former spouse, a present or former household member, a person you have a child in common with or expect to have a child in common with (if you are currently pregnant), or a person you’ve had a dating relationship with who accused of domestic violence. The courts are always open to hear a victim’s complaints and issue a Temporary Restraining Order (TRO).
In fact victims of domestic violence are entitled to the aid of the court no matter the day or hour it is part of the Judges job to hear your complaint not matter what time! N.J.S.A. 2C:25-18: Provides for access to emergent and long term relief to protect victims of domestic violence and encourages the broad application of the statute in the civil and criminal courts of the State.

Who issues the TRO?

A Municipal or Superior Court Judge will issue the TRO. The Municipal Court is the “overtime court” for the Superior Court for domestic violence matters. TROs applied for after 3:30 PM and up until the morning when the Superior Court reopens are heard by a Municipal Court Judge. In fact most TRO’s are issued Friday and Saturdays are because often DVs are often alcohol fueled.

Can Store Security Detain Me?

Where a shopkeeper reasonably believes that a customer is stealing merchandise, they are afforded certain rights including detaining a shopper the suspects of theft. In a situation where a shopkeeper, loss prevention, or security guard has probable cause to believe someone has shoplifted and has concealed items on their person, the shopkeeper can detain the shoplifter. Probable cause requires the shopkeeper to have a reasonable basis to believe that a theft has actually occurred. Additionally, the theft must have occurred in front of the shopkeeper. This the shopkeepers right to detain must done in a reasonable manner including, using only reasonable force and detaining the person for a reasonable time period which necessary to determine whether the person has the suspected items .

An example would be if a shopkeeper believes he/she saw a customer putting an item under his/her shirt and the shopkeeper then detains that person and finds that there is nothing under the shirt, the shopkeeper must release the customer. If the shopkeeper uses excessive force or holds the customer for longer than reasonable, the shopkeeper will not be immune from civil or criminal liability for the detention, and may be charged with false imprisonment.

Consequences of a Shoplifting Conviction

The penalties for shoplifting are graded (full grading and penalties are shown below) depending on the price of the merchandise. The price is determined based on its reasonable market value at the time the merchandise was shoplifted. A skillful Ocean County attorney at Riviere Advocacy Group LLC may attempt to defend a shoplifting case is by proving to the jury or making the argument to the prosecutor that the reasonable value of the merchandise was less than is alleged in the criminal complaint and therefore warrants a lower charge.

What is the Age of Consent?

The age of consent in New Jersey is 16. The prosecution can bring statutory rape charges against anyone over eighteen (18) who has sexual relations with someone who fifteen (15) or younger. Moreover, if the adult is in a position of authority or discipline over the sixteen (16) year old, then the age of consent increases to eighteen (18). Consent is not a valid defense to a statutory rape charge in New Jersey.

SEX CRIMES PENALITIES

Aggravated sexual assault: up to 20 years in prison Sexual assault: up to 10 years in prison Aggravated sexual contact: up to 5 years in prison Sexual contact: up to 18 months in prison New Jersey requires life-time registration for anyone convicted of a sex offense in the state

The New Jersey Code of Juvenile Justice

The New Jersey Code of Juvenile Justice defines a juvenile as “any individual who is under the age of eighteen years.” N.J.S.A. 2A:4A-60. Juveniles are charged with acts of delinquency upon the State’s filing of a complaint. The complaint must be signed by an individual who (a) has knowledge of the facts alleged to constitute delinquency, or (b) is informed of such facts constituting the delinquent act and believes them to be true, the signor doesn’t necessarily need to be a police officer.

One very distinguishing factor about the Juvenile system in New Jersey is that these matters, which are criminal in nature, are not heard in the Criminal Court, rather they are heard by the Family Court, which has jurisdiction in the matter and may enter a disposition adjudicating the juvenile delinquent. The Family Judge can adjudicate the child a delinquent when the Judge finds that the juvenile has committed one of the following: (1) an act that, as an adult, would constitute a crime; (2) a disorderly persons or petty disorderly persons offense; or (3) a violation of any penal statute, ordinance, or regulation.

Furthermore, the code does not deem juvenile delinquents to be criminals and also it does not impose any of the civil disabilities that accompany an adult conviction.