If a restraining order (RO) is granted by a judge, then the judge has determined that the petitioner needed to be protected from the defendant by the court. So, in protecting the petitioner, the judge will list several provisions that the defendant must follow to avoid violating the RO. These provisions almost always include orders prohibiting contact, attempted contact, or stalking of the petitioner by the defendant. If contact is attempted or made, then the defendant can face an RO violation. If you are facing an RO violation, then it is important that you speak to an experienced attorney as soon as possible.
Original Case Details
A Hillsdale man had spent four months in Bergen County Jail after being a fugitive following his conviction for stalking a specific victim. Once he was released, he allegedly sent a series of emails referencing the same victim to several schools in North Jersey, municipalities, and people directly. After a five-week investigation, Hillsdale Police arrested the man, and he was charged with stalking, contempt of a stalking restraining order, and false impersonation.
A conviction for stalking carries up to 18 months in prison as it is a fourth-degree crime. Contempt of a stalking restraining order is a fourth-degree crime under New Jersey law according to the provisions of the “Prevention of Domestic Violence Act of 1991.” False impersonation is also a fourth-degree crime, and it carries a penalty of up to 18 months in prison upon conviction.
How An Email to a Third Party Can Be an RO Violation
If you have had a RO granted against you, then the judge has likely taken several measures to ensure that you don't contact the petitioner. When a no-contact order is in place, it means in-person contact or contact through third parties. Someone is just as guilty of violating an RO if they directly contact someone or try to communicate through a third party. If a no-contact order is in place, and the defendant sends an email to a third party with the intention that the contents of the email make it to the petitioner, then the defendant can be charged with violating the RO. Any attempt to reach the petitioner can be an RO violation. Any RO violation can become a difficult criminal case that carries serious consequences such as lengthy prison time. If you have legal questions about an RO provision, then call us at the Lento Law Firm so we can help!
Why Hiring the Lento Law Firm is the Right Choice
If you are facing a restraining order, then it is important to speak to an experienced attorney immediately. Attorney Joseph D. Lento has helped people across New Jersey fight their cases and defeat allegations. Call the Lento Law Firm today at 888-535-3686 to learn why hiring Attorney Lento and his team are the right choice to defend you.