Contempt: Violating a Restraining Order in New Jersey

N.J.S.A. 2C:29-9 · Domestic Violence & Restraining Orders

What the law says

The section prohibits purposely or knowingly disobeying or obstructing certain judicial orders and jurisdiction, violating specified conditions of release or home detention, and violating specified protective orders. The offense grade depends on the type of order or condition and, for some violations, whether the conduct could also constitute a crime or a disorderly persons offense.

Depending on how it's graded, this offense is either an indictable crime, prosecuted in the Superior Court in the county where it happened, or a disorderly persons offense heard in municipal court. Indictable charges go through grand jury review. Prosecutors sometimes downgrade them to municipal court.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:29-9, that means:

• The person purposely or knowingly disobeys a judicial order or a protective order pursuant to section 1 of P.L.1985, c.250 (C.2C:28-5.1), 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.
• The person purposely or knowingly violates a condition to avoid all contact with an alleged victim or a condition of home detention, with or without an approved electronic monitoring device, ordered pursuant to subparagraph (b) of paragraph (1) or subparagraph (k) of paragraph (2) of subsection b. of section 3 of P.L. 2014, c.31 (C.2A:162-17).
• The person purposely or knowingly violates a provision of an order under the Prevention of Domestic Violence Act of 1991 or a substantially similar statute of another state or the United States.
• The person purposely or knowingly violates a provision of an order under section 3 of P.L.1996, c.39 (C.2C:12-10.1), section 2 of P.L.1999, c.47 (C.2C:12-10.2), or a substantially similar statute of another state or the United States.
• The person purposely or knowingly violates a provision of an order under P.L.2015, c.147 (C.2C:14-13 et al.) or a substantially similar statute of another state or the United States.
• The person purposely or knowingly violates a provision of an order under the Extreme Risk Protective Order Act of 2018 or a substantially similar statute of another state or the United States.

How the charge is graded

• Under subsection a.(1), except as provided in paragraph (2), a person is guilty of a crime of the fourth degree for the conduct described in paragraph (1), including the specified violations of a contact-avoidance or home-detention condition when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.
• Under subsection a.(2), in all other cases, a person is guilty of a disorderly persons offense if that person purposely or knowingly violates a condition to avoid contact with an alleged victim or a condition of home detention, with or without an approved electronic monitoring device.
• Under subsection b.(1), except as provided in paragraph (2), a person is guilty of a crime of the fourth degree for purposely or knowingly violating a covered domestic-violence order when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.
• Under subsection b.(2), in all other cases, a person is guilty of a disorderly persons offense for purposely or knowingly violating a covered domestic-violence order.
• Under subsection c., a person is guilty of a crime of the third degree for purposely or knowingly violating a covered order when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.
• Under subsection d.(1), except as provided in paragraph (2), a person is guilty of a crime of the fourth degree for purposely or knowingly violating a covered order when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.
• Under subsection d.(2), in all other cases, a person is guilty of a disorderly persons offense for purposely or knowingly violating a covered order.
• Under subsection e., a person is guilty of a crime of the fourth degree if the person purposely or knowingly violates any provision of a covered Extreme Risk Protective Order.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• Orders entered pursuant to paragraphs (3), (4), (5), (8), and (9) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29), and substantially similar orders entered under the laws of another state or the United States, are excluded from subsection b.(1) and b.(2).
• Subsections b., c., d., and e. include orders entered under substantially similar statutes under the laws of another state or the United States, as specified in each subsection.
• As used in this section, “state” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by a federal law or formally acknowledged by a state.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Showing the order was not properly served or its terms were unclear
• Proving the contact was not knowing or purposeful
• Challenging the underlying allegations in the Family Part
• Coordinating the criminal case with the restraining-order hearing

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Contempt: Violating a Restraining Order charge.

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.