Violation of a Protective Order Lawyer in Burlington County, NJ
A violation of a protective order in Burlington County is a serious contempt charge under N.J.S.A. 2C:29-9, prosecuted in the Superior Court. A conviction can mean jail time, fines, and a permanent criminal record. If you are accused of a violation of a protective order in Burlington County, you need a lawyer who understands the local court procedures.
What Is a Violation of a Protective Order in New Jersey?
In New Jersey, a violation of a protective order, often called a restraining order, is governed by statute N.J.S.A. 2C:29-9. This law makes it a crime to knowingly violate any provision of a court-issued order designed to prevent domestic violence. This includes final restraining orders (FROs) and temporary restraining orders (TROs). The charge is considered a criminal contempt of court and is prosecuted as a separate offense from the underlying domestic violence complaint.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has handled complex family and criminal court matters across New Jersey. We understand that an accusation of a violation of a protective order can stem from a misunderstanding, a false allegation, or an unintentional act, but the consequences are severe.
Official Legal Resources
- N.J.S.A. 2C:29-9 (official New Jersey Legislature site) – The statute defining the crime of violating a court order.
- Burlington Vicinage Court Website – Official site for the Superior Court in Burlington County, providing forms and procedural information.
Local Court Process for a Violation of a Protective Order Charge
In Burlington County, a violation of a protective order is heard in the Family Division of the Superior Court if it relates to a domestic violence restraining order. The process is distinct from a typical criminal case. The Burlington County Prosecutor’s Office handles these contempt charges aggressively. A key local procedural fact is that the court may schedule a hearing quickly after an arrest, and the standard of proof for the underlying violation is “preponderance of the evidence,” not “beyond a reasonable doubt.” This makes a strong, immediate defense critical.
- Arrest or Summons: You may be arrested on the spot if police believe a violation occurred, or you may receive a summons to appear in court.
- First Appearance/Detention Hearing: You will appear before a judge, who will advise you of the charges and determine if you will be released or held pending trial.
- Pre-Trial Conferences: Your attorney will engage in discovery, review the evidence against you, and may negotiate with the prosecutor.
- Hearing or Trial: If no resolution is reached, the case proceeds to a hearing before a Family Division judge, where the plaintiff must prove the violation.
- Sentencing: If found in contempt, the judge will impose penalties, which can include jail time, fines, and extended probation.
- Appeal: You have the right to appeal the finding to the Appellate Division of Superior Court.
Potential Penalties for Violating a Protective Order in NJ
In Burlington County, a violation of a protective order is typically a fourth-degree crime, punishable by up to 18 months in prison and fines up to $10,000, but can be elevated to a third-degree crime with more severe penalties for subsequent violations or certain aggravating acts.
| Offense Level | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| First Violation | Crime of the 4th Degree | Up to 18 months | Up to $10,000 | Probation, mandatory fines, possible extension of the underlying restraining order. |
| Subsequent Violation or Aggravated Act | Crime of the 3rd Degree | 3 to 5 years | Up to $15,000 | Mandatory minimum jail time likely, permanent felony record, loss of firearm rights. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Burlington County Courts
Law Offices Of SRIS, P.C. was founded in 1997 and brings a combined 120+ years of legal experience to every case. Our tagline, “Advocacy Without Borders,” reflects our commitment to defending clients across state lines and in complex legal situations like contempt hearings. We understand the high stakes of a violation of a protective order charge, which can affect your freedom, family relationships, and future.
Case Results & Client Advocacy
While specific results in Burlington County for this charge are not enumerated here, our firm-wide approach has secured favorable outcomes in thousands of cases. We examine every detail—whether the contact was intentional, if the order was properly served, or if the allegation is exaggerated—to build the strongest defense. Results may vary. Prior results do not aim for a similar outcome.
Violation of a Protective Order Lawyer Near Burlington County
Our New Jersey location serves clients at Burlington County courts. We are accessible via NJ Turnpike, I-295, and Route 130. We represent individuals in Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
FAQs: Violation of a Protective Order in Burlington County
What should I do if I am accused of violating a protective order in Burlington County?
Do not contact the protected person. Remain silent about the case and contact a lawyer immediately. Anything you say can be used against you in the contempt hearing. An experienced restraining order lawyer Burlington County can advise you on your next steps.
Can I go to jail for a first-time violation of a protective order?
Yes. A first violation is a fourth-degree crime in NJ, with a maximum penalty of 18 months in prison. While jail is not automatic, judges in Burlington County take these allegations seriously, especially if the alleged contact involved threats or violence.
What is the difference between a temporary and final restraining order violation?
The legal standard and penalties are the same. A temporary restraining order (TRO) is issued ex parte before a full hearing. A final restraining order (FRO) is issued after a hearing where both sides are heard. Violating either is a crime. An emergency protective order lawyer Burlington County can help if you are served with a TRO.
What are common defenses to a violation of a protective order charge?
Defenses may include lack of knowledge of the order, mistaken identity, false accusation, lack of intent, or that the contact was incidental and unavoidable. Proving the violation was not “knowing” or “purposeful” is often central to the defense strategy.
Can a violation charge be dropped if the protected person wants to reconcile?
It depends. While the victim’s wishes may be considered by the prosecutor, the state of New Jersey is the complaining party in a criminal contempt case. The prosecutor can proceed with the charge even if the protected person asks for it to be dropped, viewing it as an offense against the court.
Related Legal Services in Burlington County
If you are dealing with a domestic violence accusation, you may also need information on: Civil Litigation Lawyer Burlington County or Federal Criminal Lawyer Burlington County. For other locations, see our New Jersey Civil Litigation hub or a Civil Litigation Lawyer in Camden County.
Page last verified: 2026-04. Laws and procedures change. For the most current advice regarding a violation of a protective order charge, contact Law Offices Of SRIS, P.C. at (888) 437-7747.