Passaic County NJ Contempt Lawyer
Violation of Restraining Order Attorney in Paterson, New Jersey
Experienced criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including Belleville, Wayne, Paterson, Clifton, and Passaic County, who have been charged with domestic violence related offenses such as terroristic threats and aggravated assault. Ms. Hascup is a former Morris County Assistant Prosecutor who handled a host of domestic violence cases during the course of her distinguished career.
If you or a loved one has been charged with the crime of contempt, it is important that you have an experienced defense lawyer represent you at all stages of the process, including criminal proceedings and restraining order hearings, so your rights are protected and you achieve the best possible result. Contact Ms. Hascup anytime an initial consultation, which is always provided free of charge.
Contempt of a Domestic Violence Order in New Jersey: N.J.S.A. 2C:29-9
A violation of a domestic violence order (TRO or FRO) constitutes the crime of Contempt. The violation shall be heard before a Judge of the Family Part, Superior Court. If a law enforcement officer finds that there is probable cause that a defendant has committed contempt of a domestic violence order (TRO or FRO), the officer will arrest the defendant and charge him/her accordingly.
Contempt is codified under N.J.S.A. 2C:29-9, which provides:
a. A person is guilty of a crime of the fourth degree if he purposely or knowingly disobeys a judicial order or protective order, or hinders, obstructs or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person, thing or controversy by a court, administrative body or investigative entity.
b. A person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the “Prevention of Domestic Violence Act of 1991” or an order entered under the provisions of a substantially similar statute under the laws of another State or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense. In all other cases, a person is guilty of a disorderly persons offense if that person knowingly violates an order entered under the provisions of a substantially similar statute under the laws of another State or the United States.
*It is irrelevant that the domestic violence order at issue was later vacated or dismissed. The State only has to prove that the domestic violence order was in existence at the time of the alleged complaint.
Penalties for Contempt in New Jersey
A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months in New Jersey State Prison.
A disorderly persons offense is punishable by a term of imprisonment of up to 6 months in the county jail.
NOTE: A second or subsequent conviction for a (non-indictable) domestic violence Contempt charge carries with it a mandatory term of imprisonment of not less than 30 days in the county jail. See N.J.S.A. 2C:25-30.
Alissa Hascup is a skilled and knowledgeable attorney who can seek to avoid the imposition of a jail term by negotiating an alternate disposition on your behalf.
Contact a Wayne NJ Contempt Defense Lawyer Today
There are a number of case-related and collateral consequences associated with a Contempt charge. For instance, recent amendments to the New Jersey Bail Guidelines require that any bail set on a Contempt charge must be posted in full. In other words, there is no longer a 10 percent option. If you find yourself in a situation where you or a loved one have been charged with Contempt as a result of a domestic violence or other related incident, you need an experienced lawyer who is prepared to attack the State’s case and ensure the best outcome. Call or email Alissa D. Hascup now to schedule a free consultation about your case. She is ready to fight for you.