Violation of a Court Order Accusations & Penalties in New Jersey
October 23, 2019
It is very common for people to be subject to orders from a court in New Jersey. But what happens if you fail to meet the court’s requirements? Here’s what you need to know about court orders and violations of court orders in New Jersey. If you are facing contempt charges, have received a probation or parole violation, or have been accused of violating a restraining orders, contact our skilled team of criminal defense lawyers now for a free consultation. With local offices in Cranford, we serve individuals in need of defense for contempt and other violations in Elizabeth, Scotch Plains, Short Hills, Westfield, Berkeley Heights and throughout Union County. Call (908) 838-0150 or arrange an appointment by contacting us online. We are available 24/7 to listen to your case and explain your rights.
Reasons You Can Face a Court Order in New Jersey
You may be under court requirements for one of several reasons in New Jersey. If you have been convicted of a crime, the court may have placed you on probation and imposed a number of terms such as drug testing, completing community service, appearing in court for status checks, and avoiding any further crimes or contact with law enforcement during the term of probation. If you have a domestic violence case and a restraining order has been entered against you, it will require you to give up your firearms, stay away from certain places, and avoid contact with the victim and even certain other people. If you have been convicted of a felony and later released from prison on parole, you may be facing a combination of all the above requirements.
In addition, one of the most common violations of court orders is simply missing a court date. You may have had an emergency at home or at work, your car may have broken down, or you may have gone to the wrong courthouse, but a judge can actually issue a warrant for your arrest if you fail to appear in court. Lastly, if you were admitted into Pretrial Intervention (PTI) or any other form of diversionary program, you are also facing a number of court requirements. There can be serious consequences for slipping up on these court requirements, as these are considered violations under NJ law.
Consequences of Violating a Court Order in NJ
Unfortunately, not everyone is able to satisfy all the court ordered terms of probation, parole, or even a restraining order. But even this one slip-up can have serious consequences, regardless of the reason. You may also have failed a single drug test during a long term of probation, or you may work in close proximity to your ex in a domestic violence situation, leading to an unwitting violation of a restraining order. These unfortunate scenarios occur frequently, but the penalties can nevertheless be severe.
If you are on a term of probation or on PTI and you violate a court order, including missing a court date or submitting a dirty drug sample, you may be ordered to appear at a violation of probation hearing. If the state presents evidence and you are found to have violated PTI, conditional discharge, or probation, the judge may extend your term of probation, send you to jail, kick you out of your diversionary program, add community service, or take a number of other actions against you. Failing to successfully complete a term of probation or PTI can result in you serving the remainder of your sentence in jail. If you violate the terms of your parole, you can be sent back to prison.
Charged with Contempt in New Jersey
Similarly, if you violate a restraining order, the judge may find you in contempt of court. A conviction on contempt charges means the court can sentence you to jail time, add a high number of other restrictions on you, and impose heavy fines. A Contempt charge can be classified as a disorderly persons offense or a fourth degree crime depending on the specific case. A fourth degree contempt crime carries up to 18 months in NJ state prison and a fine of up to $10,000. On the other hand, contempt charged as a disorderly persons offense exposes you to a 6 month county jail sentence and a maximum $1,000 fine. Any conviction for contempt can lead to serious problems that perpetuate for years to come.
Accused of Violating a Court Order in Union County? Contact us Today
If you have been accused of violating a court order, it is important to consult a qualified defense attorney about your rights and your potential options. Our lawyers will vigorously defend you against any violation or contempt charge in Union County, including in Linden, Clark, Summit, and New Providence. Contact us at (908) 838-0150 to receive a free consultation and discuss the facts of your particular case.