Why is breaking a restraning order a felony?

[whyme22]

What is the name of your state (only U.S. law)?

Hi I have a family member here in NJ that was charged with 4th degree contempt and was told that it was a felony. In 2001 he was issued a restraining order. In 2003 he patched things up with his wife and moved in with her... In 07 she was awarded some money from a lawsuit (car accident) and in 08 they bought a house together and this is when everything went downhill....every time they got into an argument, she would throw in his face that this was her house, that she put the down pmt with her money..this lasted about 4 or 5 months till he couldn't take it anymore and left her Dec 08.....Hasn't seen or spoken to her for the next 5-6 mo and after not seeing or speaking with her gets arrested 6mo later (June 09) for breaking the restrain order and she claimed he hit her along with other accusations which were all dropped in court except for breaking the restr ord.....He works for the board of education and may lose his job because he's told that this violation is a felony not a misdemeanor..... does the fact that they were both back living together for almost 6 years help him in anyway (job wise and getting the restraining order lifted) Thanks For Your Help

 

[Isis1]

What is the name of your state (only U.S. law)?

Hi I have a family member here in NJ that was charged with 4th degree contempt and was told that it was a felony. In 2001 he was issued a restraining order. In 2003 he patched things up with his wife and moved in with her... In 07 she was awarded some money from a lawsuit (car accident) and in 08 they bought a house together and this is when everything went downhill....every time they got into an argument, she would throw in his face that this was her house, that she put the down pmt with her money..this lasted about 4 or 5 months till he couldn't take it anymore and left her Dec 08.....Hasn't seen or spoken to her for the next 5-6 mo and after not seeing or speaking with her gets arrested 6mo later (June 09) for breaking the restrain order and she claimed he hit her along with other accusations which were all dropped in court except for breaking the restr ord.....He works for the board of education and may lose his job because he's told that this violation is a felony not a misdemeanor..... does the fact that they were both back living together for almost 6 years help him in anyway (job wise and getting the restraining order lifted) Thanks For Your Help

nope. HE was ordered to stay away. instead of filing a motion to release the court order BEFORE he moved back in, he broke the law.

when you are ordered to stay away, it's an order. not a suggestion.

 

[Bali Hai]

nope. HE was ordered to stay away. instead of filing a motion to release the court order BEFORE he moved back in, he broke the law.

when you are ordered to stay away, it's an order. not a suggestion.

RO issued 2001.
Moved back in 2003 with wife's consent.
Wife got bug up her butt 2009.

He may have broke the law, but so did the person lying under oath that everyone was readily accepting because judges expect that and it didn't affect the outcome.

 

[Isis1]

RO issued 2001.
Moved back in 2003 with wife's consent.
Wife got bug up her butt 2009.

He may have broke the law, but so did the person lying under oath that everyone was readily accepting because judges expect that and it didn't affect the outcome.

this is why you stay far away from someone who lies. IF she lied to get the restraining order, then WHY on earth did the silly man go BACK to someone who lies to get a restraining order????

he didn't need HER consent. he needed a COURT'S consent. she already proved untrustworthy!!!

 

[whyme22]

Thanks Isabella.....I know that he broke the order, I was just curious as to why its a felony and not a misdemeanor**************.He didn't break the order to go beat her up, kill her or because he just felt like going to jail....He's 53 years old, never been in trouble with the law, worked all his life and now has a felony charge, may lose his job that he could have retired from and maybe enjoyed a couple of years of his life for being a productive member of society.....but now, if he does lose his job, I'm sure is going to have a hard time finding another one since now in the eyes of an employer he's just a hardened criminal with a felony****************************.So I guess your right, maybe he should fry, after all, he did break the law.

 

[Isis1]

Thanks Isabella.....I know that he broke the order, I was just curious as to why its a felony and not a misdemeanor**************.He didn't break the order to go beat her up, kill her or because he just felt like going to jail....He's 53 years old, never been in trouble with the law, worked all his life and now has a felony charge, may lose his job that he could have retired from and maybe enjoyed a couple of years of his life for being a productive member of society.....but now, if he does lose his job, I'm sure is going to have a hard time finding another one since now in the eyes of an employer he's just a hardened criminal with a felony****************************.So I guess your right, maybe he should fry, after all, he did break the law.

i never said he should fry.

he can't go back and undo all the living together. it's about damage control right now. he needs an attorney. he needs to stay away from this woman. can he fight it? absolutely! but he needs to know he is to blame for violating the court order so he can deal with the entire outcome. it was his choice to break the law. he gave that woman WAY too much power. she doesn't HAVE any.

why would he lose his job? is there a clause in his company policy?

 

[whyme22]

Thanks

Thanks everyone for your responses. Maybe someone will be compassionate and things will work in his favor.Thanks Again