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Everything You Need to Know about Criminal Contempt in New Jersey

Contempt is a criminal charge in New Jersey which can occur in a myriad of different ways. Under N.J. Stat. § 2C:29-9, contempt is a serious offense with harsh penalties. Its purpose is to punish those who disobey court orders or rules. Understandably, a court does not take lightly a defendant’s disregard of the judicial process or the orderly oversight of court-ordered behaviors and obligations. Since a judicial order may arise in any context, civil or criminal, contempt may arise in innumerable contexts as well. The penalties vary with the type of violation, so you should know when you may be charged with contempt of court in New Jersey, the specific penalties you face, and the possible defenses to the charge. Understanding a contempt charge, its purpose, and the applicable punishments is essential when subject to a court order or court proceedings. To discuss your specific contempt offense case with an attorney who can help, contact our office in Burlington County. We provide confidential, free consultations.

Contempt of Court in NJ: The Basics

In New Jersey, contempt is the intentional disregard of court orders, rules, and protocols. Disobeying judges, lawyers, bailiffs, or administrative staff in a courtroom is direct contempt during a courtroom proceeding. Disrespecting a judge’s direction to answer questions and refusing to sit where appointed or to be sworn in are examples of courtroom contempt. On the other hand, indirect contempt occurs outside of the courtroom when an individual violates court orders, such as restraining orders. A defendant faces fines and possible jail time for direct or indirect contempt according to New Jersey Statute 2C:29-9.

Different Ways Contempt can Occur

Disobeying a Court Order for Protection

A violation of an order issued by a court in New Jersey is deemed a contempt offense. For one, violating a restraining order may take many forms, such as contacting a protected person or refusing to relinquish firearms. A restraining order is intended to protect an abuse victim from texts, emails, telephone calls, or in-person communications from their abuser. It also requires the named defendant in the order to relinquish their firearms. When defendants violate the restraining order terms, they are in contempt.

Likewise, Extreme Risk Protective Orders restrict individuals who a court determines are dangerous because they risk harming themselves or others, from having firearms. A violation includes buying or possessing a firearm.

Failing to Adhere to Parole or Probation Terms

Another form of contempt is a parole violation. Inmates released from prison on condition that they follow specific parole terms are in contempt when they fail to abide by those terms. Terms may include reporting to a parole officer, submitting to drug tests, and staying within a specified state, country, or area.

Similarly, probation comes with specific terms, such as reporting to a probation officer, refraining from committing further crimes, maintaining employment, and obeying a curfew. Probation is a court order that allows a convicted offender to avoid incarceration if they abide by the terms set by the court. Violating probation is contempt of court.

Lack of Compliance with Bail Conditions

Another common court order is a bail order that sets conditions for release from jail pending a trial. For example, an accused arrested for committing a crime goes to jail and either stays in jail or a judge orders their release with terms for their release. Typical terms include returning to court on the appointed hearing dates, staying crime-free, not contacting the victim or witnesses, and not posing a public safety threat. Violating any or all of the terms is contempt.

Grading and Punishment for Contempt Offenses in New Jersey

Depending on the circumstances and gravity of the violation, contempt may be a third or fourth degree indictable crime or a disorderly persons offense. The most severe contempt is a third degree crime. The penalties include a 3 to 5-year prison sentence and up to $15,000.00 in fines. The next most serious form of contempt is a fourth degree crime, which is punishable by a potential 18-month prison sentence and a $10,000.00 fine maximum. The least severe type of contempt is not as harsh, so it is not considered an indictable crime, but it is still criminal contempt. This type of violation is a disorderly persons offense, which could result in up to 6 months in jail and fines not to exceed $1,000.00.

Key Questions when Strategizing a Contempt of Court Defense

Did the Defendant Act Willfully and Knowingly?

Although contempt of court is a serious violation, not all contempt charges lead to convictions. A prosecutor still must prove the violation, and an accused may have defenses to the contempt charge. For example, a defendant may not have intended to violate an order. They may have unintentionally run into the protected party to a restraining order or may not have been aware a protective order existed. In that case, a prosecutor may not be able to prove a crucial element of the crime, a willful or knowing order violation.

Did the Accused do Anything Wrong?

Additionally, a defendant may be able to prove that they completely complied with a court order or that they had an excusable reason for violating the order. So, when a defendant can prove that they misunderstood what was required of them under the order or that they did, indeed, comply with the court’s restrictions, they may be able to avoid a contempt conviction.

Does the Prosecutor Have Enough Evidence for a Conviction?

Another defense may be that the prosecutor’s evidence is insufficient to prove the contempt. The state may rely on witness testimony and circumstantial evidence that is too weak to meet its burden of proof. Unreliable witnesses or ambiguous circumstances may be insufficient to prove contempt.

Were the Defendant’s Rights Violated?

The state must not violate the defendant’s constitutional rights in the investigation, arrest, and charging of contempt. One defense may be the prosecution’s failure to follow the proper procedures in bringing contempt charges against the defendant. The prosecution must follow the rules for legal service of the contempt paperwork and the court procedures for prosecuting contempt, such as filing the appropriate motion and giving sufficient notice for the defense to respond.

Contact Proetta, Oliver, & Fay to Discuss Your Contempt Case

You may have defenses that you are unaware of, so you should speak to a criminal defense attorney at Proetta, Oliver, & Fay once you know you face contempt of court charges. Our experienced criminal defense lawyers can discuss the possible defenses, assess the strength or weakness of the prosecution’s case, and go over the potential outcomes with you. The invaluable nature of our legal counsel lies in our ability to advise you of the best route to take given the facts, evidence, and circumstances of your case. We can gather and present convincing evidence of your innocence, mistake, or misunderstanding, as well as invalidating the prosecution’s evidence to weaken the case against you.

Retaining a criminal defense lawyer to contempt contempt charges is essential when you need advice, strategies, and help defending yourself. Call our Burlington County defense team at 609-850-8284 now.