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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100585
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What happens if the victim violates a restraining order in

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What happens if the victim violates a restraining order in NJ? We were both together and then got pulled over and when the officer checked our info, he saw I had a restraining order on the person i was with and arrested them right after. My question is, will I have to go to court for this? and will i be in trouble?
Submitted: 5 years ago.
Category: Legal
Expert:  Ely replied 5 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

This depends. Can you please tell me if the restraining order is from a civil court (i.e. you initiated it yourself) or criminal court (the state petitioned for you as part of a criminal charge against him)?
Customer: replied 5 years ago.
It was from a civil court. I took him to court for domestic violence
Expert:  Ely replied 5 years ago.
Thank you. As long as you made it perfectly clear to the police officer that you were there of your own will, then the peace officer is unlikely to report this 'violation' to the civil court. Nothing should happen.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction! Really! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
Customer: replied 5 years ago.
I did tell the officer i was there on my own will, and they still arrested him and had to get bailed out. They informed the civil court and now im waiting for a court date
Expert:  Ely replied 5 years ago.
Wow, that is very harsh. Just to confirm, he was arrested for allegedly violating the restraining order, and nothing else?
Customer: replied 5 years ago.
correct. only for violating the r.o
Expert:  Ely replied 5 years ago.
Thank you.

No, you do not have to go to Court. But if you do not, the Court is unlikely to believe him that you volunteered that time with him. This means he'd be held for contempt and may be jailed further.

You can go, and then explain that you truly were with him voluntarily. The Judge will then dismiss the contempt matter. No, you will not get into legal trouble (promise), although the Judge may grumble about having to go through this since the two of you failed to notify/motion the Court that you wanted to drop the order.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction! Really! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
Ely and 4 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Thank you for your help!
Expert:  Ely replied 5 years ago.
You're very welcome. Good luck, and please don't forget to press ACCEPT - it's the only way I get credit for my time with you.

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