New Jersey Section 2C:28-5.2 – Penalties for Violations of Witness and Victim Protective Orders

New Jersey has strong laws in place to protect witnesses and victims in criminal cases. Section 2C:28-5.2 of the New Jersey Code of Criminal Justice outlines the penalties for violating court orders issued under Section 2C:28-5.1, which allows courts to enter protective orders for witnesses and victims. This article will provide an overview of the penalties for violating these important protective orders.

What is Section 2C:28-5.1?

First, let’s look at what Section 2C:28-5.1 covers. This section allows courts to enter orders to protect victims and witnesses in criminal cases from potential harassment, intimidation, or abuse by defendants or their associates. The court can issue a protective order if it finds that harassment, intimidation, or abuse already occurred or is reasonably likely to occur based on the circumstances.

The protective order can prohibit certain acts like contact, communication, or stalking. It can also include other provisions to protect the safety and privacy of the victim or witness. Protective orders under 2C:28-5.1 aim to allow victims and witnesses to cooperate with law enforcement and participate in the criminal justice process without fear.

Defenses to Violation Charges

There are some potential defenses if you are charged with violating a 2C:28-5.1 protective order:

• Lack of knowledge: You can argue you were unaware of the protective order or its terms. However, lack of knowledge is not a defense if you should have known about the order.
• Order was improper: You can claim the order itself was improper or invalid. However, this is hard to establish if you did not appeal the order when entered.
• No violation occurred: You can argue your conduct did not actually violate the specific terms of the order. But the court interprets orders broadly.
• Self-defense: If the violation involved reasonable self-defense against harm, this may provide a defense. Details matter here.
• False allegations: If the victim or witness fabricated the violation allegations, you may not be responsible. But this can be hard to prove.

Examples of Violations and Penalties

Let’s look at some real-world examples of violations and penalties under 2C:28-5.2:

• State v. J.R. – Defendant continued to contact the victim on social media, violating a no-contact order. He pled guilty to contempt, receiving 90 days jail.
• State v. T.S. – Defendant assaulted the victim at her home despite an order barring contact. He was convicted of aggravated assault and contempt, receiving 3 years prison.
• State v. C.P. – Defendant called and texted the victim over 100 times in violation of a no contact order. She was convicted of harassment and contempt, receiving probation with counseling.
• State v. W.J. – Defendant posted identifying information about a witness online. He pled guilty to witness tampering and contempt, receiving 6 months jail.

As you can see, penalties for violating protective orders can be severe depending on the circumstances. The court takes these orders seriously in order to protect the integrity of the criminal justice process.

Purpose of Section 2C:28-5.2

Why does New Jersey impose strong penalties for violating protective orders under Section 2C:28-5.2? There are a few key policy reasons:

• Protect victims and witnesses from intimidation or retaliation
• Prevent obstruction of justice in criminal cases
• Uphold the authority of court orders
• Deter future violations of protective orders
• Provide safety and peace of mind for victims/witnesses

The bottom line is that Section 2C:28-5.2 aims to give these protective orders teeth. The threat of penalties encourages compliance. This allows the justice system to function properly.

Conclusion

New Jersey law allows protective orders to shield victims and witnesses in criminal cases. But the orders only work if they are followed. Section 2C:28-5.2 imposes penalties like contempt, fines, and jail to deter violations. Defenses are limited. If you are charged with violating an order, take the allegations seriously and seek legal advice. The court will likely come down hard on proven violations that compromise victim/witness safety.