Once either a temporary or final restraining order has been served on a defendant, all the provisions of the order must be strictly followed. Unfortunately, there are many instances in which the restrictions in a restraining order are violated by a defendant (even inadvertently) and the police are called.
If the police receive a report of a violation of a restraining order they will go out and arrest the defendant for criminal contempt, as outlined in N.J.S.A. 2C: 29-9(b). Contempt is a disorderly person offense if the violation of the order does not constitute a separate criminal offense but violates one of the provisions of the order; for example, the defendant simply sent a non-threatening text message that violated the no contact provision of the restraining order.
Irrespective of the level of the offense, all criminal contempt charges are heard in Family Court in the County where the violation is alleged to have transpired. Unlike restraining order proceedings, these proceedings are criminal in nature and are prosecuted by the county prosecutor’s office.