Trenton Restraining Order Defense
Discuss Your Defense with a Trenton Restraining Order Lawyer in Confidence
Violating a restraining order can have serious consequences under New Jersey law. As a result, if you have been charged with a restraining order violation in Trenton, you need to focus on protecting yourself by all means available. A Trenton restraining order lawyer at Helmer, Conley & Kasselman, P.A. can help, but it is important that you contact us as soon as possible.
Consequences of Violating a Restraining Order in Trenton, NJ
What are the consequences of violating a restraining order in New Jersey? The answer to this question depends on the circumstances involved. In most cases, restraining order violations are either disorderly persons offenses or fourth-degree indictable offenses, but they can also be third-degree indictable offenses in some cases. This means that the penalties can include:
- Disorderly Persons Offense – Up to six months in jail and a $1,000 fine
- Fourth-Degree Indictable Offense – Up to 18 months in prison and a $10,000 fine
- Third-Degree Indictable Offense – Three to five years in prison and a $15,000 fine
Clearly, you cannot afford to take chances. While there are several potential defenses to alleged restraining order violations, you need to assert the right defenses based on the specific circumstances of your case. When you hire a Trenton restraining order lawyer at Helmer, Conley & Kasselman, P.A., your lawyer will carefully assess all your options and build a custom-tailored defense strategy based on the facts at hand.
Common Allegations in Trenton Restraining Order Violation Cases
If you are being charged with violating a restraining order in Trenton, your case could involve a variety of specific allegations. Just as you need to know the severity of the charge you are facing, you also need to know the specific allegations that you need to defend against. Some of the most common allegations in Trenton restraining order violation cases include:
- Being in a place that you are prohibited from visiting
- Having contact with a person you are prohibited from contacting
- Possessing a firearm or other weapon
- Committing a crime
- Committing an act of domestic violence (if you have a domestic violence restraining order under the new 2024 VASPA law or prior to the enactment of that law.)
Knowing why you have been accused of violating your restraining order will be key to determining your available defenses. It is critical that you do not make any assumptions at this stage, as you do not want to either (i) fail to address the allegations against you or (ii) defend against allegations that you might be expecting but that haven’t actually been filed.
What if you aren’t sure why you have been accused of violating your restraining order? In this scenario, it is especially important that you speak with a Trenton restraining order lawyer right away. Once you engage our firm to represent you, one of our lawyers will be able to examine the facts of your case and determine what exactly you need to defend against.
Potential Defenses in Trenton Restraining Order Violation Cases
As we mentioned above, there are several potential defenses to restraining order violations under New Jersey law. But, to avoid unnecessary consequences, you need to effectively assert the specific defense (or defenses) that apply in your case. With this in mind, some examples of defenses a Trenton restraining order lawyer at our firm may be able to assert on your behalf include:
You Did Not Violate Your Restraining Order
You also should not face punishment if you haven’t actually violated your restraining order. In this scenario, false accusations are not uncommon. For example, if you have a domestic violence restraining order and a former spouse or partner has falsely accused you of stalking him or her at work, then you do not deserve to face any unwarranted consequences.
You Did Not Act “Purposely or Knowingly”
To be guilty of a restraining order violation under New Jersey law, you must violate your restraining order “purposely or knowingly.” If you did not act purposely or knowingly, then you may have a strong defense even if you did something that you were not supposed to do.
Your Restraining Order Wasn’t Effective at the Time of the Alleged Violation
You may also have a very strong defense if your restraining order wasn’t effective at the time of the alleged violation. If the event that triggered your arrest happened before your restraining order took effect or after it was dismissed. This is a critical fact that our lawyers may be able to use to seek a dismissal in court.
Police or Prosecutors Violated Your Rights
Regardless of the facts underlying your Trenton restraining order violation case, you may be entitled to a “Not guilty” verdict if police or prosecutors violated your constitutional rights. For example, if the police stopped you without reasonable suspicion or the prosecutor’s office is withholding exculpatory evidence, these are both issues that an experienced Trenton restraining order lawyer may be able to use to protect you.
Again, these are just examples of potential defenses in Trenton restraining order violation cases. These cases can be extremely complicated, and even the smallest details could make or break your defense. If you have been accused of violating a restraining order in Trenton, contact us to discuss your case with an experienced defense lawyer at Helmer, Conley & Kasselman, P.A. today.
Schedule an Appointment with a Trenton Restraining Order Lawyer
To schedule an appointment with a Trenton restraining order lawyer at Helmer, Conley & Kasselman, P.A., call us at 877-435-6371 or tell us how we can reach you online now. We will arrange for you to speak with one of our lawyers in strict confidence as soon as possible.
