Understanding New Jersey’s Contempt Law (Section 2C:29-9)

New Jersey’s contempt law, Section 2C:29-9 of the state’s criminal code, deals with violations of court orders and contempt of court. This law gives judges the power to punish people who disobey court orders or disrupt court proceedings.

What is Contempt of Court?

Contempt of court refers to behavior that defies a court’s authority or dignity. Some examples of contempt include:

• Disobeying a court order
• Disrupting court proceedings
• Refusing to testify or cooperate with court proceedings
• Showing disrespect to the judge

Judges have a lot of discretion when it comes to finding someone in contempt. They can issue fines, jail time, community service, or other punishments. The idea behind contempt is to maintain order and respect for the court system.

Overview of NJ’s Contempt Law

New Jersey’s contempt statute, 2C:29-9, makes it a criminal offense to purposely or knowingly disobey a court order. This includes violating domestic violence restraining orders, child custody/visitation orders, and other types of court mandates.

The law categorizes contempt as either a disorderly persons offense or a 4th degree crime, depending on the circumstances:

• Disorderly persons offense – Up to 6 months in jail and a $1,000 fine
• 4th degree crime – Up to 18 months in jail and a $10,000 fine

The main factor determining the offense level is the type of order that was violated. We’ll break that down more below.

Violating Domestic Violence Restraining Orders

One of the most common ways people violate 2C:29-9 is by breaking the terms of a domestic violence restraining order (also called a restraining order or RO).

In NJ, restraining orders are issued under the Prevention of Domestic Violence Act. The Act allows judges to enter orders with various restrictions meant to protect victims from further abuse.

Typical restraining order provisions include:

• No contact with victim
• Stay away from victim’s home, work, school
• No harassment or stalking
• Temporary custody/visitation orders
• Removing firearms

Any violation of these restraining order terms can be charged as contempt under 2C:29-9. Most RO contempt charges are brought as 4th degree crimes. That exposes defendants to up to 18 months in jail if convicted.

Prosecutors tend to take RO violations very seriously. The NJ Attorney General’s Office has made enforcing restraining orders a top priority in recent years. So anyone charged with violating an RO should retain an experienced criminal defense attorney.

Violating Other Types of Court Orders

While restraining order violations make up many 2C:29-9 cases, the law also applies to disobeying other court mandates. These include violations of:

• Child custody orders
• Child support orders
• Civil judgments
• Probation conditions
• Orders to testify or provide information

However, violations of these types of orders are charged as disorderly persons offenses. That’s only up to 6 months jail time if convicted.

So in summary:

• Restraining order violations = 4th degree crime
• Other order violations = Disorderly persons

That’s a significant difference in potential penalties!

Defenses to Contempt Charges

There are several legal defenses that can be raised in contempt cases:

• Lack of knowledge – Defendant was unaware the order existed
• Order vagueness – Order terms were too vague to understand
• Unintentional violation – Violation was an accident
• Self-defense – Violating order was necessary for self-protection
• False allegations – Defendant didn’t actually violate the order

An experienced criminal defense lawyer can evaluate the facts of your case and decide what defenses give you the best chance of beating the charges.

Consequences of a NJ Contempt Conviction

Being found guilty of contempt under 2C:29-9 can negatively impact your life for years to come. It results in:

• Jail time
• Fines up to $10,000
• A permanent criminal record

That criminal record can make things like getting a job, renting an apartment, or qualifying for loans much more difficult. The offense stays on your record indefinitely unless you pursue an expungement.

Finding the Right Attorney for Your Contempt Case

As you can see, the stakes are high when facing contempt charges in New Jersey. These allegations should always be taken seriously.

The code can be complex, but an experienced contempt lawyer can help build the strongest defense for your individual situation. Don’t leave the outcome to chance. Consult with a knowledgeable attorney as soon as possible.