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Contempt of Court

Charged with Contempt of Court for Violating a Domestic Violence Restraining Order? You Need an Experienced New Jersey Defense Attorney

When someone accuses you of domestic violence, one of the most immediate consequences you can face is the imposition of a domestic violence restraining order. Under New Jersey law, civil court judges can impose temporary domestic violence restraining orders based solely on the alleged victim’s testimony, and they can do so before you have a chance to testify and challenge the temporary order.

There is no difference in penalties if you are found guilty of violating a temporary restraining order or a final restraining order. So, if you are being charged with contempt of court in connection with a domestic violence case, it is important that you speak with a New Jersey criminal lawyer right away.

Contempt of Court in New Jersey Domestic Violence Cases

Contempt of court is a crime under Section 2C:29-9 of the New Jersey Code of Criminal Justice. Once a civil court judge issues a domestic violence restraining order against you, you have a legal duty to comply with all of the terms in the order. If you fail to comply with any of these terms, you can be charged under Section 2C:29-9.

Some examples of common domestic violence restraining order violations include:

• Entering the alleged victim’s home
• Visiting the alleged victim’s school or place of work
• Communicating with the alleged victim
• Seeing your children when you are prohibited from doing so
• Carrying a firearm or other weapon
• Failing to seek an evaluation, treatment or counseling

Violating a domestic violence restraining order is either a disorderly persons offense or a fourth-degree indictable offense. Penalties range from up to 6 months in jail to 18 months in prison and up to $10,000 in fines. Most importantly, a second conviction for violating a restraining order carries a mandatory minimum 30-day jail sentence. 

Defending Against a Contempt of Court Charge in New Jersey

While violating a domestic violence restraining order can have serious consequences, in many cases defendants will have strong defenses to charges under Section 2C:29-9. Some examples of potential defenses to a contempt of court charge include:

• You did not actually violate your domestic violence restraining order
• You did not “purposely or knowingly” violate your domestic violence restraining order
• You are being falsely accused of violating your domestic violence restraining order
• The government’s evidence of your alleged violation is inadmissible due to a violation of your constitutional rights

When you work with a New Jersey criminal lawyer at Helmer, Conley & Kasselman, P.A., your lawyer will evaluate all potential defenses and help you decide on your next steps. While it may be necessary to consider a plea deal in some cases, you should not accept responsibility if you have a complete defense available.

Discuss Your Contempt of Court Charge with a New Jersey Criminal Lawyer

If you have been charged with contempt of court for violating a domestic violence restraining order, we encourage you to contact us promptly for more information. To speak with an experienced New Jersey criminal lawyer in confidence, call 877-435-6371 or request an initial consultation online today.