New jersey criminal charge
Contempt in New jersey
Current through 2026 New Jersey legislative session
Contempt is a criminal offense under New jersey law, defined by N.J.S.A. 2C:29-9. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:29-9.
What is the penalty for contempt in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 18 months (no statutory minimum) (Disobeying judicial/protective order or violating no-contact/home detention condition where conduct could also be crime/DP offense — Person purposely or knowingly disobeys a judicial or protective order, or hinders/obstructs a court order, or violates a no-contact or home detention condition, where the conduct could also constitute a crime or disorderly persons offense.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Disobeying judicial/protective order or violating no-contact/home detention condition where conduct could also be crime/DP offense — Person purposely or knowingly disobeys a judicial or protective order, or hinders/obstructs a court order, or violates a no-contact or home detention condition, where the conduct could also constitute a crime or disorderly persons offense.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Violating no-contact/home detention condition (all other cases) — In all other cases, a person purposely or knowingly violates a condition to avoid contact with an alleged victim or a home detention condition.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Violating no-contact/home detention condition (all other cases) — In all other cases, a person purposely or knowingly violates a condition to avoid contact with an alleged victim or a home detention condition.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 18 months (no statutory minimum) (Violating domestic violence order where conduct could also be crime/DP offense — Person purposely or knowingly violates a domestic violence restraining order (or similar out-of-state/federal order) when the conduct could also constitute a crime or disorderly persons offense, excluding certain enumerated order types.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Violating domestic violence order where conduct could also be crime/DP offense — Person purposely or knowingly violates a domestic violence restraining order (or similar out-of-state/federal order) when the conduct could also constitute a crime or disorderly persons offense, excluding certain enumerated order types.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Violating domestic violence order (all other cases) — In all other cases, a person purposely or knowingly violates a domestic violence restraining order (or similar out-of-state/federal order), excluding certain enumerated order types.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Violating domestic violence order (all other cases) — In all other cases, a person purposely or knowingly violates a domestic violence restraining order (or similar out-of-state/federal order), excluding certain enumerated order types.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | 3 years to 5 years (Violating stalking/sexual offense protective order (crime) — Person purposely or knowingly violates a protective order entered under specified stalking/sexual assault statutes (or similar out-of-state/federal order) when the conduct could also constitute a crime or disorderly persons offense.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Violating stalking/sexual offense protective order (crime) — Person purposely or knowingly violates a protective order entered under specified stalking/sexual assault statutes (or similar out-of-state/federal order) when the conduct could also constitute a crime or disorderly persons offense.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Violating sexual assault survivor protective order where conduct could also be crime/DP offense — Person purposely or knowingly violates a protective order under the Sexual Assault Survivor Protection Act (or similar out-of-state/federal order) when the conduct could also constitute a crime or disorderly persons offense.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Violating sexual assault survivor protective order where conduct could also be crime/DP offense — Person purposely or knowingly violates a protective order under the Sexual Assault Survivor Protection Act (or similar out-of-state/federal order) when the conduct could also constitute a crime or disorderly persons offense.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Violating sexual assault survivor protective order (all other cases) — In all other cases, a person purposely or knowingly violates a protective order under the Sexual Assault Survivor Protection Act (or similar out-of-state/federal order).; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Violating sexual assault survivor protective order (all other cases) — In all other cases, a person purposely or knowingly violates a protective order under the Sexual Assault Survivor Protection Act (or similar out-of-state/federal order).) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 18 months (no statutory minimum) (Violating Extreme Risk Protective Order — Person purposely or knowingly violates an Extreme Risk Protective Order (or similar out-of-state/federal order).; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Violating Extreme Risk Protective Order — Person purposely or knowingly violates an Extreme Risk Protective Order (or similar out-of-state/federal order).; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is contempt classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Disobeying judicial/protective order or violating no-contact/home detention condition where conduct could also be crime/DP offense | crime of the fourth degree | Person purposely or knowingly disobeys a judicial or protective order, or hinders/obstructs a court order, or violates a no-contact or home detention condition, where the conduct could also constitute a crime or disorderly persons offense. | N.J.S.A. 2C:29-9undefined |
| Violating no-contact/home detention condition (all other cases) | disorderly persons offense | In all other cases, a person purposely or knowingly violates a condition to avoid contact with an alleged victim or a home detention condition. | N.J.S.A. 2C:29-9undefined |
| Violating domestic violence order where conduct could also be crime/DP offense | crime of the fourth degree | Person purposely or knowingly violates a domestic violence restraining order (or similar out-of-state/federal order) when the conduct could also constitute a crime or disorderly persons offense, excluding certain enumerated order types. | N.J.S.A. 2C:29-9undefined |
| Violating domestic violence order (all other cases) | disorderly persons offense | In all other cases, a person purposely or knowingly violates a domestic violence restraining order (or similar out-of-state/federal order), excluding certain enumerated order types. | N.J.S.A. 2C:29-9undefined |
| Violating stalking/sexual offense protective order (crime) | crime of the third degree | Person purposely or knowingly violates a protective order entered under specified stalking/sexual assault statutes (or similar out-of-state/federal order) when the conduct could also constitute a crime or disorderly persons offense. | N.J.S.A. 2C:29-9undefined |
| Violating sexual assault survivor protective order where conduct could also be crime/DP offense | crime of the fourth degree | Person purposely or knowingly violates a protective order under the Sexual Assault Survivor Protection Act (or similar out-of-state/federal order) when the conduct could also constitute a crime or disorderly persons offense. | N.J.S.A. 2C:29-9undefined |
| Violating sexual assault survivor protective order (all other cases) | disorderly persons offense | In all other cases, a person purposely or knowingly violates a protective order under the Sexual Assault Survivor Protection Act (or similar out-of-state/federal order). | N.J.S.A. 2C:29-9undefined |
| Violating Extreme Risk Protective Order | crime of the fourth degree | Person purposely or knowingly violates an Extreme Risk Protective Order (or similar out-of-state/federal order). | N.J.S.A. 2C:29-9undefined |
Common questions about contempt in New jersey
What degree of offense is contempt in New Jersey?
It depends on the circumstances: contempt ranges from a disorderly persons offense to a crime of the third degree in New Jersey under N.J.S.A. 2C:29-9.
Disobeying judicial/protective order or violating no-contact/home detention condition where conduct could also be crime/DP offense: crime of the fourth degree (N.J.S.A. 2C:29-9undefined) · Violating no-contact/home detention condition (all other cases): disorderly persons offense (N.J.S.A. 2C:29-9undefined) · Violating domestic violence order where conduct could also be crime/DP offense: crime of the fourth degree (N.J.S.A. 2C:29-9undefined) · Violating domestic violence order (all other cases): disorderly persons offense (N.J.S.A. 2C:29-9undefined) · Violating stalking/sexual offense protective order (crime): crime of the third degree (N.J.S.A. 2C:29-9undefined) · Violating sexual assault survivor protective order where conduct could also be crime/DP offense: crime of the fourth degree (N.J.S.A. 2C:29-9undefined) · Violating sexual assault survivor protective order (all other cases): disorderly persons offense (N.J.S.A. 2C:29-9undefined) · Violating Extreme Risk Protective Order: crime of the fourth degree (N.J.S.A. 2C:29-9undefined)
What are the penalties for contempt in New Jersey?
Which New Jersey statute covers contempt?
Contempt is governed by N.J.S.A. 2C:29-9 (Contempt).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.