Contempt of Court Charges in Woodbridge and Middlesex County
Reviewed by William A. Proetta, Esq. · Updated
In New Jersey, criminal contempt under N.J.S.A. 2C:29-9 means purposely or knowingly disobeying a court order. In Middlesex County the order at issue is frequently a domestic violence restraining order or a no-contact condition set at a first appearance. Depending on the type of order and the conduct, the charge can be a disorderly persons offense, a fourth-degree crime, or, for a stalking restraining order where the conduct is itself an offense, a third-degree crime.
Contempt is also commonly filed together with something else: a harassment or assault complaint, a new DV allegation, or a pending indictable case in which the defendant was released on conditions. A contempt arrest in Woodbridge, Edison, Sayreville or New Brunswick can therefore affect a second case at the same time. William Proetta Criminal Law has handled criminal cases for more than 15 years, and contempt charges are among the cases where an early, careful look at the order itself pays off most.
At a Glance
- Statute: N.J.S.A. 2C:29-9, grades in subsections (a) through (e)
- DV contempt repeat rule: N.J.S.A. 2C:25-30, a 30-day minimum for a second or subsequent nonindictable DV contempt
- In-court misconduct: summary contempt under R. 1:10-1 and R. 1:10-2, a separate procedure
- Prosecutor: Middlesex County Prosecutor’s Office, 25 Kirkpatrick Street, New Brunswick · 732-745-3300
- Courts: Superior Court, Criminal Division (offices at 56 Paterson Street and 14 Kirkpatrick Street) and Family Courthouse, 120 New Street, New Brunswick · Judiciary main line 732-645-4300
- Our office: 3840 Park Ave, Suite 202A, Edison, NJ 08820 · (732) 659-9600
The Grades of Contempt Under 2C:29-9
The grades of contempt under N.J.S.A. 2C:29-9, most serious first
Subsections (a) through (e). For most orders, the grade turns on whether the conduct could also be a crime or disorderly persons offense.
Some financial and counseling-type provisions of a DV order (2C:25-29b(3), (4), (5), (8) and (9)) are excluded from 2C:29-9 and are enforced under 2C:25-30 instead.
The split that drives most DV cases. For a domestic violence order, the question is not whether the person broke the order, but what the conduct was. If the contact itself could be charged as a crime or a disorderly persons offense, such as harassment, the contempt is fourth degree. A contact that is a violation and nothing more, for example a message that is not itself harassing, is a disorderly persons offense. Some financial and counseling-type provisions of a DV order (those under 2C:25-29b(3), (4), (5), (8) and (9)) are excluded from 2C:29-9 and are enforced under 2C:25-30 instead.
Violating a domestic violence order: grade and the 30-day minimum
N.J.S.A. 2C:29-9(b) and 2C:25-30.
Fourth degree2C:29-9(b)(1). Indictable.
Disorderly persons2C:29-9(b)(2). For example, a message that is not itself harassing.
30-day minimum“Not less than 30 days” for a second or subsequent nonindictable DV contempt, 2C:25-30.
No 30-day minimumA first conviction does not trigger it.
A contempt of a different kind of order does not count toward the 30-day minimum.
Pretrial conditions. When a judge releases someone under the Criminal Justice Reform Act with a no-contact order or home detention, those conditions are court orders. Breaking them can bring a new contempt charge, and under N.J.S.A. 2A:162-19(a) the prosecutor may move for pretrial detention in the original case at any time. Our New Jersey pretrial release and detention guide explains those conditions.
Penalties
Contempt penalties by grade, most serious first
N.J.S.A. 2C:43-6, 2C:43-8 and 2C:43-3. Bars span the maximum prison or jail term on a 0 to 5 year scale.
Indictable contempt (third or fourth degree) is screened by the Middlesex County Prosecutor’s Office and proceeds in the Superior Court in New Brunswick. DV restraining-order contempt is heard in the Family Part at 120 New Street.
Our guide to New Jersey degrees of crimes explains how these grades compare.
The 30-day minimum, stated precisely
N.J.S.A. 2C:25-30 provides that “any person convicted of a second or subsequent nonindictable domestic violence contempt offense shall serve a minimum term of not less than 30 days.” Three limits matter. It applies to domestic violence contempt, not contempt of any order. It applies to a nonindictable (disorderly persons) conviction. And it requires a prior DV contempt conviction. A first conviction does not trigger it, and a contempt of a different kind of order does not count toward it.
Summary Contempt in the Courtroom
Conduct in front of a judge is a different matter. Under R. 1:10-1, a judge may adjudicate contempt summarily, without a separate trial, only when the conduct obstructed or would have obstructed the proceeding, happened in the judge’s actual presence and was seen or heard by the judge, was unmistakably willful (including after a warning), and required immediate adjudication, and only after the person had an immediate chance to respond. Other summary contempt proceedings run under R. 1:10-2, by order to show cause or order for arrest. Disrupting a courtroom is therefore ordinarily handled under the court rules rather than by a complaint under 2C:29-9.
Where a Middlesex Contempt Case Is Heard
- Indictable contempt (third or fourth degree) is screened by the Middlesex County Prosecutor’s Office and proceeds in the Superior Court in New Brunswick. Our Middlesex Superior Court page describes that process.
- Domestic violence restraining-order contempt is heard in the Superior Court, Family Part, at 120 New Street in New Brunswick. Although it sits in the Family Part, it is a criminal proceeding: the MCPO Special Victims Unit prosecutes it before a Family Part judge. If a fourth-degree DV contempt is indicted, the indictment goes to the Criminal Division.
- The complaint controls. Check the summons or notice for the court and location, and call the Judiciary at 732-645-4300 if it is unclear.
An indictable contempt complaint may in some cases be downgraded by the prosecutor; that decision is discretionary.
If the court assigns you a lawyer. People charged with violating a domestic violence restraining order who cannot afford a lawyer are often assigned one pro bono from a list of private attorneys. Many of those attorneys are excellent, but the assignments rotate across every practice area, so the lawyer on your case may spend most of their time on real estate, immigration or corporate work rather than criminal defense. You have the right to hire your own criminal defense lawyer at any point, and an attorney assigned to a contempt case is welcome to call us to talk it through.
Step by Step After a Contempt Arrest
- Arrest and complaint. Police sign a complaint, often alongside another charge.
- Custody decision. On a complaint-warrant, the person is held for a release decision. See our page on first appearance and detention hearings in Middlesex.
- First appearance. The judge sets release conditions, which in a DV case can include a no-contact order.
- Review and charging. The prosecutor reviews the grade, which turns on the conduct as described in the complaint.
- Resolution. Dismissal, downgrade, plea or trial in the court that has the case.
Defenses
The State must prove that a valid order existed, that the defendant knew about it, and that the defendant purposely or knowingly disobeyed it. Each piece can be contested.
- No knowledge of the order. If a temporary restraining order was never served, or a defendant left court without understanding a condition, the “purposely or knowingly” element is in doubt. Proof of service is the first thing we request.
- What the order actually said. Orders are often narrower than people assume. We compare the exact language with the alleged conduct.
- The protected party initiated contact. This does not by itself excuse a violation, but it bears heavily on what the defendant knew and intended and on the grade.
- The conduct was not a separate offense. In a (b) or (d) case, the fourth-degree grade depends on conduct that could also be a crime or disorderly persons offense. If it could not, the charge belongs at the disorderly persons level.
- Identity and proof. Calls from blocked numbers, shared accounts and secondhand reports are not always what they appear to be.
What Families Can Do
Do not carry messages between the defendant and the protected person, even with good intentions. That can create a new violation. Save the court papers, especially the restraining order and any proof of service, and write down the dates and details of any contact while they are fresh. Our pages on temporary restraining orders in Middlesex and violation of a restraining order charges cover the DV side.
Contempt of Court FAQs
Who prosecutes contempt charges in Middlesex County?
The Middlesex County Prosecutor’s Office handles indictable contempt. DV restraining-order contempt in the Family Part is prosecuted by its Special Victims Unit.
Is a contempt charge from Woodbridge or Edison heard in New Brunswick?
Indictable contempt goes to the Superior Court in New Brunswick. DV restraining-order contempt is heard in the Family Part at 120 New Street; a fourth-degree DV contempt that is indicted goes to the Criminal Division.
Will I go to jail for a second restraining order violation in Middlesex County?
A second or subsequent nonindictable DV contempt conviction carries a 30-day minimum under 2C:25-30. That rule does not apply to a first conviction.
What if the protected person contacted me first in New Brunswick?
Contact started by the protected person does not by itself excuse a violation, but it can matter to intent and to the grade of the charge.
Is violating a stalking order more serious?
Yes. Violating a stalking restraining order under 2C:12-10.1 or 2C:12-10.2 is a third-degree crime when the conduct could also be a crime or disorderly persons offense.
Can I be charged with contempt for breaking a pretrial release condition in Middlesex County?
Yes. Violating a CJRA no-contact or home-detention condition is contempt under 2C:29-9(a), and the prosecutor may also file a detention motion in the original case.
Talk to a Middlesex Contempt Lawyer
Bring the order, the complaint and any messages to the consultation. For cases from Woodbridge, see our Woodbridge criminal lawyer page; for New Brunswick, our New Brunswick criminal lawyer page. Our Edison line, (732) 659-9600, is answered around the clock, and you can also contact us online. Se habla español.