NEW JERSEY Part 46

Violating the New Jersey Domestic Violence Restraining Order

A person found by a police officer to have violated the terms of a Domestic Violence Restraining Order must be arrested. That person will remain in custody until a judge sets bail, and the bail is posted. Depending upon the circumstances, persons violating a restraining order may also be subject to criminal prosecution. That prosecution can be for a felony (in New Jersey terminology, a “fourth degree crime”). Upon conviction, the defendant is exposed to a fine of $10,000.00 and up to 18 months in prison. Violating the restraining order in some cases is treated as a disorderly persons offense. In that situation, the defendant is exposed to a fine of $1,000.00, and up to six months in jail. Persons convicted of a second or subsequent disorderly persons violation of a restraining order must serve at least thirty days in jail. Also, a court considering whether to lift a restraining order will regard a violation as cause to deny a defendant's request.