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  #1  
Old 09-18-2009, 09:45 PM
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TRO Violation in NJ


What is the name of your state (only U.S. law)? New Jersey. My Wife and I have been happily married for 17 years, however after a series of events and some jealous moments one thing after another lead to a "massive" fight on evening. I stupidly called the police when my wife left the home as it was late and I was worried. They went and found her and brought her back to the home. When we were still arguing in front of the police they said someone needs to go for the night and called a judge. A TRO was issued against me and I had to leave for the evening. While I was gathering some of my things the police office that was with me told me to go to the court and wait for them to open and file and immediate appeal (more bad advice I followed). I did not understand that in doing this I escalated the situation to the NJ Supreme Courts! The TRO was over-turned, but this made so my wife had to leave (I did not realize this and things were escalating out of control)! My wife complied, but I KNOW she did not completely understand. She later showed up back at the house to talk that evening. Fearful I would get in some kind of trouble I called the police to ask her to leave (Another wonderful mistake I made!) This now put her in violation of our TRO. The next day my daughter called my wife from my cell. I took the phone and explained that my daughter called and apologized. This out me in violation of our TRO. The next day she was angry about what I did and she turned me in. This now put me in violation of the TRO. The next day we both came to our senses, we agreed to meet (understanding this was a violation but REALLY needing to communicate. We reconciled and immediately dropped our TRO's before a final hearing. We are both being prosecuted by the state of NJ for our violations. Do we have any recourse. I technically did not call my wife, and I know she did not understand she was violating the order (frankly the local police were even confused with everything).
  #2  
Old 09-18-2009, 10:28 PM
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Join Date: Sep 2008
Posts: 3,782
A court order is an order... not a suggestion or a guideline. Not something you should comply with only if it is convenient.

It is an order with the force of law upon those named within.

Even if you think the order was bogus and the judge is the biggest doo doo head ever.

You decided that it was okay to communicate in direct violation.

By the way, it was perfectly acceptable for your daughter to talk to your wife... she is not under the court order.
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Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #3  
Old 09-18-2009, 10:32 PM
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Join Date: Mar 2009
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Scroll down and read - particularly the part about dismissing the order.

[url=http://www.judiciary.state.nj.us/essex/family/famviolence.htm#appeal]Essex Vicinage --Family Division -- Domestic Violence[/url]

Oops. Except this bit isn't relevant. Sorry about that. It's still good reading though, just to know this stuff.
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