Contempt of court is a serious offense that can have significant legal consequences. Below, we will provide an in-depth exploration of contempt of court in New Jersey, shedding light on its definition, relevant statutes, common acts that may constitute contempt, defenses, penalties, and the importance of seeking legal representation from a contempt of court lawyer when charged with the offense.
What Is Contempt Of Court In New Jersey (N.J.S.A. 2C:29-9)?
Contempt of court in New Jersey is defined in Title 2C:29-9 of the New Jersey Statutes. Here’s a breakdown of the statute.
If you purposely or knowingly disobey a court order or interfere with the court’s activities, you’ll be committing a fourth degree crime (which is serious but not as severe as first degree).
It’s also a fourth degree crime if you deliberately break the rules set out in a protection order under the “Prevention of Domestic Violence Act of 1991” or any similar law from another state or the U.S., when your behavior could also be a crime or a disorderly persons offense. However, this doesn’t apply to orders related to certain paragraphs of the Act.
In other cases, if you purposely or knowingly violate an order under the same Act, it’s considered a disorderly persons offense (which is less serious than a crime).
If you knowingly violate an order under the laws related to stalking or a similar law from another state or the U.S., and your behavior could also be a crime or a disorderly persons offense, it’s considered a third degree crime (which is more serious than a fourth degree crime).
It’s a fourth degree crime if you knowingly break the rules of an order under the law regarding certain criminal actions or any similar law from another state or the U.S. In other cases, if you knowingly violate the law, it’s considered a disorderly persons offense.
Finally, if you purposely or knowingly violate the “Extreme Risk Protective Order Act of 2018” or a similar law from another state or the U.S., it’s a fourth degree crime.
Penalties For Contempt In New Jersey
If you find yourself facing charges related to contempt in New Jersey, it’s essential to understand the specific penalties associated with these violations. Contempt charges can arise from various circumstances, including disobeying judicial orders, hindering court proceedings, or violating protective orders.
Third-Degree Contempt Offenses
Third-degree contempt is a more serious offense, carrying a maximum sentence of 3 to 5 years in prison. This penalty applies when the conduct constituting the violation could also be categorized as a crime or disorderly persons offense.
Fourth-Degree Contempt Offenses
Fourth-degree contempt is considered a crime in New Jersey, punishable by a maximum sentence of up to 18 months in prison. It applies when the violation could also be classified as a crime or disorderly persons offense.
Disorderly Persons Offense
Certain contempt violations, specifically those involving conditions to avoid contact with an alleged victim or home detention, may not rise to the level of a crime or disorderly persons offense. A disorderly persons offense is a less serious offense carrying a maximum sentence of up to 6 months in county jail.
Defenses In Contempt Of Court Cases
When facing contempt of court charges in New Jersey, individuals have legal rights and potential defenses available to them. It is important to understand that each case is unique, and the viability of defenses may vary depending on the specific circumstances.
Lack Of Intent
One possible defense in a contempt case is to demonstrate that the alleged contemptuous behavior was unintentional. However, proving lack of intent can be challenging, as contempt often requires a willful and deliberate act.
Compliance With Court Orders
A defense may be raised if the accused can demonstrate full compliance with court orders. If there was a misunderstanding, miscommunication, or valid reason for the alleged non-compliance, it is important to present supporting evidence to show that the actions were not contemptuous but rather a result of unforeseen circumstances or genuine confusion.
Insufficient Evidence
Another defense strategy involves challenging the evidence presented by the prosecution. It is essential to carefully examine the evidence against you and identify any weaknesses, inconsistencies, or gaps that could cast doubt on the validity of the contempt charges. An experienced attorney can help evaluate the evidence and develop an effective defense strategy.
Procedural Defenses
Procedural defenses focus on challenging the manner in which the contempt charges were brought, or the procedures followed during the contempt proceedings. These defenses may include improper service of the contempt order, failure to follow proper legal procedures, or other procedural errors that may invalidate the charges.
It is important to note that the success of these defenses will depend on the specific facts and circumstances of each case. Consulting with a knowledgeable attorney who specializes in civil and criminal contempt of court cases in New Jersey is crucial to determine the most viable defense strategy based on your particular situation.
Offenses Related To Contempt Of Court
Violation Of Restraining Order
Violating a restraining order, as outlined in the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et al.), can result in criminal charges. The act provides provisions for the issuance of restraining orders to protect victims from harm or harassment.
Obstruction Of Justice
This offense is covered by N.J.S. § 2C:29-1. It involves intentionally obstructing, hindering, or interfering with the administration of justice. It includes actions that impede the effectuation of a judicial order or the exercise of jurisdiction by a court, administrative body, or investigative entity.
Hindering Apprehension
Hindering apprehension is covered by N.J.S. § 2C:29-3. A person commits an offense if they purposely hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another individual for an offense or violation. The actions that qualify as hindering include harboring or concealing the person, providing assistance for escape, suppressing evidence, warning the person of impending discovery, obstructing others from aiding in discovery or apprehension, aiding the person to profit from the crime, or providing false information to law enforcement. The severity of the offense varies based on the specific actions taken.
Interference With Custody
This offense is governed by N.J.S. § 2C:13-4. It occurs when a person knowingly takes or detains a child in violation of the custody rights of another person or without legal authority.
Failure To Comply With Bail Conditions
Failure to comply with bail conditions is covered by N.J.S. § 2C:29-7. If a person has been released on bail and fails to comply with the conditions set by the court, they may face charges for violating those conditions.
Failure To Comply With Probation Or Parole Conditions
Failure to comply with probation or parole conditions is addressed by N.J.S. § 2C:45-3 and N.J.S. § 2C:43-6. If a person is on probation or parole and fails to adhere to the conditions set by the court or the supervising authority, they may face charges for violating probation or parole.
New Jersey Criminal Defense Lawyers
If you or someone you know has been charged with contempt of court in New Jersey, it is essential to seek legal assistance promptly. Contacting an experienced attorney can provide the guidance and support needed to navigate the legal complexities of a contempt case. The Law Offices of Jonathan F. Marshall has substantial experience in helping defendants resolve criminal charges, including contempt. Protect your rights and ensure a strong defense by reaching out The Law Offices of Jonathan F. Marshall,
