Sewell, NJ asked in Domestic Violence for New Jersey

Q: What should i look forward to for violating my restraining order fir the first time? What are the penalties?

I wasn’t arrested on the spot. A sheriff called and told me I had a summons for a date in April. Could I get arrested or let off with a warning?

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2 Lawyer Answers
James A. Abate
James A. Abate
Answered
  • Domestic Violence Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: If a charge has been issued then you have been “arrested”. Fortunately you are being processed on summons and not warrant which would require processing at the jail. You are facing a matter which on first offense could possibly lead to probation but the criminal record is a problem plus it sets you up for mandatory jail with another violation. Highly recommend criminal defense counsel.

James A. Abate
James A. Abate
Answered
  • Domestic Violence Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: You face a 4th degree indictable (Felony) or disorderly personals offense (misdemeanor). a fourth degree crime is punishable by up to a $10,000 fine and 18 months in prison; and a disorderly persons offense is punishable by up to a $1,000 fine and 6 months in jail.

any person convicted of a second or subsequent disorderly persons domestic violence contempt offense shall serve a minimum term of not less than 30 days in jail, without exception.

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