Bloomfield, NJ asked in Family Law and Domestic Violence for New Jersey

Q: Will someone who received a “contempt of a DV order and an updated report be arrested at anytime or will the judge wait

On 4/19 court was adjourned until 05/03. At night the defendant received a updated report stating that the def family member got in contact with the plaintiff, which the def did not know about until the report was sent by a lawyer of that court house. Therefore, it also states “contempt of a DV order”. Now we are worried whether they can arrest him at any moment or will they wait until court on the 5th of May to make that decision. Otherwise, wouldn’t that be wrong for them to arrest him without hearing his side of the story? Also, just a reminder that court as adjourned until 05/03. Which is when they’ll have court again and so does that mean the judge will wait to hear both sides and decide whether he should or shouldn’t be arrested ?

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4 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: He can be arrested at any time. Domestic violence is taken very seriously by the Court. You need to retain an experienced matrimonial attorney with extensive Domestic Violence trial experience. This is not something to handle on your own.

1 user found this answer helpful

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

A: If you have been charged with violating the restraining order, the arrest is automatic and nearly instantaneous. If that occurs you will be well served to have a lawyer who deals with both Criminal/ and FRO hearings. The violation is criminal and can require jail and prohibition against owning firearms.

1 user found this answer helpful

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Domestic Violence Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: The restraining order is a family court matter, but the violation of the order is a criminal matter and if the person is charged with contempt of that order (violation) an arrest warrant normally always issues immediately so he can be arrested at any time and definitely needs a criminal lawyer ASAP.

1 user found this answer helpful

Richard Diamond
Richard Diamond
Answered
  • Domestic Violence Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: The consequence of contempt of a domestic violence order is serious and you need to immediately meet with an experienced family law attorney with trial experience handling domestic violence matters. This is not a setting where you want to wait to see how it plays out. Presume that if there is a claim of a violation of a domestic violence restraining order, you need to address it immediately instead of waiting until the return date.

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