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.

Leave a Reply

Your email address will not be published. Required fields are marked *