Contempt Charge Defense Lawyers Essex County NJ
Contempt Charge Attorneys with offices in Newark, NJ
A contempt criminal charge, in the domestic violence context, typically involves the violation of a temporary or final restraining order. If you are charged with contempt, you will be arrested and processed on the criminal offense and are facing a permanent criminal charge on your record.
If you or a loved one has been charged with contempt for violating a restraining order in NJ, contact the Tormey Law Firm LLC for help. Our criminal defense lawyers are extremely experienced in handling contempt violations in almost every county in the State of NJ including in Paterson, Wayne, Clifton, and Woodland Park. As a result, our criminal defense team will examine the facts of your case and develop a comprehensive defense strategy to combat your charges in court. Protect your rights, contact the Tormey Law Firm today at (908)-336-5008.
Here is a review from one of our many satisfied domestic violence, restraining order clients:
“Breath of fresh air”
Posted by anonymous
“Chris was respectful, courteous, well spoken and very professional. He slowly explained the entire process, prepped me patiently before the court hearing and it looked like he genuinely cared about his work. Afterwards he stuck around to answer any questions I may have. I highly recommend Chris if you want a lawyer you feel like you can trust and not just take your money. He made the experience very personable and even gave me his direct cell phone. If I ever need another lawyer in NJ I will call Chris for sure!”
Contempt Charges in NJ: A Criminal Offense
Under N.J.S.A. 2C:25-30, a defendant can be help in contempt of court and subject to a criminal contempt charge under N.J.S.A. 2C:29-9 where he or she violates a temporary or final Restraining Order. The two applicable statutes provide as follows:
Except as provided below, a violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection b. of N.J.S. 2C:29-9 and each order shall so state. All contempt proceedings conducted pursuant to N.J.S. 2C:29-9 involving domestic violence orders, other than those constituting indictable offenses, shall be heard by the Family Part of the Chancery Division of the Superior Court. Additionally, and notwithstanding the term of imprisonment provided in N.J.S. 2C:43-8, any person convicted of a second or subsequent non-indictable domestic violence contempt offense shall serve a minimum term of not less than 30 days.
b. Except as provided below, 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.
If you have been charged with contempt in NJ, you most likely violated a judicial order. The most common type of contempt charge is violating either a temporary restraining order (TRO) or final restraining order (FRO). Although the restraining orders are civil in nature, a violation of this civil order is a criminal offense and leads to potentially serious penalties. If you are charged with contempt you will be arrested and served with a Summons/Complaint. The contempt charge will either be a 4th degree felony punishable by up to 18 months in prison or a disorderly persons offense punishable by up to 6 months in the county jail. The charge will be graded depending on the circumstances of the alleged offense. In addition, if you are convicted a second time of contempt in NJ, there is a mandatory 30 day jail sentence that must be imposed.
As a result, a violation of a restraining order resulting in a contempt charge can have serious long-lasting implications for you including:
- A permanent criminal charge on your record
- Jail time
NOTE: A violation of a restraining order which results in an arrest and criminal charge for contempt does not necessarily mean that the defendant contacted the plaintiff directly (face to face). Any written contact through email, text messages, apps, social media can also be a violation of the restraining order even if you have another person contact the plaintiff on your behalf. In addition, if you are prohibited from the Plaintiff’s home and place of business you can also be arrested for being in those areas even if you did not have any direct contact with the Plaintiff.
Can I Expunge a Contempt Charge Off My Record?
Yes. A contempt violation is a criminal charge that can be expunged off of your record in certain cases. It will depend on your prior criminal history (if any) and how long it has been since you were convicted of contempt. Contact us anytime for a free consultation regarding a potential expungement of your contempt charge off of your permanent record.
I have a Contempt Charge in New Jersey: Contact the Tormey Law Firm LLC for help
Contempt charges in NJ are extremely serious and can have potentially dire consequences. In addition, it is imperative to avoid a charge on your permanent record because a second violation requires mandatory jail time. For additional information and immediate assistance contact the Tormey Law Firm LLC at (908)-336-5008. The initial consultation is always provided free of charge.