QUESTION
if a defendant has a civil restraining order against them penalty of $50 to $500 and they avoid a a probation letter saying that they have to go to cr
Asked on Dec 27th, 2014 on Criminal Law - New Jersey
More details to this question:
if a defendant has a civil restraining order against them penalty of $50 to $500 and they avoid a a probation letter saying that they have to go to criminal court to explain there financial hardship to wave the civil court fee what happens nenst and they are order to pay a civxt. and if they dont show up for the hearing . so if he or she doesnt show up for court there isnt a second warning ? and will they be transfer to from morris county to sussex county or that;s not true
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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You have multiple issues. Number one issue is failure to appear. The court can hold you in contempt of court. The court can either find you a significant amount, for example, $2000. The court also couldn't place me in jail. The next issue is violation of the civil restraining order. If you did violate the civil restraining order and there would be a fine for the first violation. For the fact second violation you could be incarcerated. The court will not waive the fine. The court will not waive the jail if there's a second violation. If you did not commit these violations, you have the obligation to appear in court and defend yourself. You cannot defend yourself by not appearing. If you cannot afford an attorney, you should tell the court and they will appoint a public defender. Ed Dimon
Answered on Dec 29th, 2014 at 5:00 AM