Understanding Contempt Charges for Violating a Restraining Order in New Jersey

Restraining orders are powerful legal tools that help protect victims of domestic violence. However, they are only effective if the restrained person complies with the order. Unfortunately, restraining order violations happen all too frequently. This article will explain the legal procedures around charging someone with contempt for violating a restraining order in New Jersey.

What is Contempt of a Restraining Order?

In New Jersey, violating a domestic violence restraining order is considered contempt of court under Section 2C:29-9(b) of the NJ criminal code. Contempt is essentially disobeying a court order. It can be charged as either a disorderly persons offense or a 4th degree crime, depending on the circumstances.

The elements that must be proven for a contempt charge are:

• There was an active restraining order issued under New Jersey’s Prevention of Domestic Violence Act or a similar law.
• The defendant knew the order existed.
• The defendant purposely or knowingly violated the order.

Some common ways restraining orders get violated are through unwanted contact, harassment, stalking, or committing a new act of domestic violence. However, any violation of the order’s terms can warrant a contempt charge.

Consequences of Violating a Restraining Order

In addition to the contempt charge itself, restraining order violations can trigger other serious consequences. Some examples include:

• Additional criminal charges – If the violation involved a new act of domestic violence like assault, the defendant may face additional charges for that crime.
• Loss of gun rights – Under federal law, domestic violence restraining orders prohibit firearms possession. Violating the order can lead to permanent loss of gun rights.
• Jail time – Repeat offenses and violations involving violence increase the likelihood of serving jail time. Defendants may be held without bail under NJ’s domestic violence laws.
• Deportation – Non-citizens convicted of violating a restraining order may face immigration consequences like deportation.

The Importance of Enforcement

While restraining orders provide important protection on paper, the real impact comes from consistent enforcement by law enforcement. Taking violations seriously and making arrests reinforces the validity of these court orders. It sends a message to abusers that they will be held accountable.

Police officers are on the front lines of responding to domestic violence in New Jersey. Understanding the contempt process for restraining order violations allows them to enforce the law effectively. While no system is perfect, properly enforcing restraining orders can reduce re-victimization and save lives.