Legal Question in Criminal Law in New Jersey

Re: Use of cell phones in harassement case

Any form of communication is not allowed when there is a temp. rest. order in effect. (even cell communication). Your husband will have to show that you had notice that there was a TRO in effect when the call was made. It is recommended that you hire an attorney for further advice. (Do not call your husband if the TRO is in effect). If you have further questions, I can be reached at 201-646-9600.

Savy Grant

Re: Can a cell phone call be used in harassment case?

Temporary Restraining Orders typically have a clause prohibiting any contact whatsoever. A cell phone is a form of communication and would be included in the prohibition (and should be included). Your husband's testimony as to date and time of call would be heard by the Court and is subject to any cross-examination. In other words, you may dispute whether the call was made before or after the date of the TRO and it would be up to the Judge to determine who he/she belives. Keep in mind that this advice is based purely on the little bit of

information that you have given to me. There certainly may be other factors

that would change my opinion. Further, no one can rely on advice from an

attorney who has not been retained. Since it appears that you have not

retained an attorney, before you take any further action, you should contact

an attorney (either me or someone else) to discuss your matter in more

detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. Good luck!

Rob