Posting Bail in some Domestic Violence case in New Jersey will soon require that the client post the entire amount, without an option to post a 10% cash alternative, pursuant to a change in the Court Rule. As of September 1, 2013, R.:26-4(g) will add the Domestic Violence charges to those for which a 10 percent cash option is not available, when the offense involves an alleged violation of a temporary restraining order (TRO); or, of a final restraining order (FRO).
These types of violations of an existing restraining order are viewed very seriously by a Court, and must be avoided by a client. I understand that your spouse has the house, your clothes, the kids, the car and everything else you need to go on with your life. Unfortunately, the fact that you miss the kids, or want your clothes, is not a legally recognized reason for you to violate the order of the court. There is a way to address these issues without you violating the order.
If you are served with a NJ Temporary Restraining Order, many things will happen in a relatively short time period, and you need to do the following IMMEDIATELY:
- Consult with a NJ lawyer who practices both criminal defense and family law BEFORE you go to Court.
- If you need to get something out of the house, like clothing, the car keys, or your driver's license, discuss this with the lawyer BEFORE you try to get these items on your own. They will advise you on what you need to do.
- Get ready to fight the issuance of an FRO as if your freedom depended on it. Once an FRO is issued, you are entered into the DV database and getting out of it is all but impossible even if the FRO is later dropped by the 'victim'.
- If criminal charges are also filed, these need to be addressed separately, and you need to discuss with your lawyer what the impact on the TRO hearing, or the criminal hearing, can have on each other.
Do not try to address these Domestic Violence issues without consulting with a knowledgeable NJ lawyer, as there are many direct and collateral consequences that you need to understand before you make any decisions about how you will want to proceed.