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Contempt Charge for Violating a No Contact Order

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  • 07-05-2012, 01:21 PM
    Cailin Clark
    Contempt of Court Charges
    My question involves criminal law for the state of: NEW JERSEY
    Hi, my friend had to go to Municipal Court, plead guilty of harassment and was fined. The judge ordered him to cease all contact from the "victim". The "victim" contacted him via text message about 2 days later and asked how court was (she didn't go to court, her parents did) and he explained what happened, and how they couldn't talk anymore. That contact was enough to get him arrested for contempt of court. He had a hearing, then it got remanded from the Superior Court to the Municipal Court. I read that the fourth degree crime changes into a disorderly offense if dealt with in Municipal. I don't understand
    what the charge is anymore. Any help guys?
  • 07-05-2012, 01:27 PM
    jk
    Re: Contempt of Court Charge Remanded to Municipal Court. Help (New Jersey)
    what do you mean: you don't understand what the charge is anymore?

    The court said no contact. While he cannot control the other party, he most assuredly can simply refrain from making the return contact. That resulted in a contempt of court charge. For some reason it was moved to the lower court and based on your statement, I would suspect the charge is some form of disorderly conduct. I suspect that might be a lesser crime than the original contempt of court charge.
  • 07-05-2012, 01:55 PM
    Cailin Clark
    Re: Contempt of Court Charge Remanded to Municipal Court. Help (New Jersey)
    Thanks for your response. I know for a fact that it's some sort of disorderly conduct charge now, but not sure what the exact charge is. I'm literally losing sleep over it.
  • 07-05-2012, 02:49 PM
    aaron
    Re: Violating a No Contact Order for Harassment
    You just posted that it's criminal contempt, so you just told us that at least one charge against your friend is criminal contempt.
  • 07-05-2012, 02:52 PM
    aaron
    Re: Contempt of Court Charge Remanded to Municipal Court. Help (New Jersey)
    Why are you losing sleep?

    Your friend will have legal documents that inform him of the charge or, if represented (and he should be) his lawyer will have documentation and can explain the charges to him.
  • 07-05-2012, 02:57 PM
    Cailin Clark
    Re: Contempt of Court Charge Remanded to Municipal Court. Help (New Jersey)
    I'M losing sleep because it was mostly my fault
  • 07-05-2012, 03:00 PM
    jk
    Re: Contempt of Court Charge Remanded to Municipal Court. Help (New Jersey)
    why was it your fault?
  • 07-05-2012, 03:03 PM
    drthyrd
    Re: Contempt of Court Charge Remanded to Municipal Court. Help (New Jersey)
    Quote:

    Quoting Cailin Clark
    View Post
    I'M losing sleep because it was mostly my fault

    Cailin, are you the protected party in the case?
  • 07-05-2012, 08:28 PM
    Cailin Clark
    Re: Contempt of Court Charge Remanded to Municipal Court. Help (New Jersey)
    Because I texted him first.

    - - - Updated - - -

    Yes. I am the protected party.
  • 07-06-2012, 05:41 AM
    free9man
    Re: Contempt of Court Charge Remanded to Municipal Court. Help (New Jersey)
    If you are the protected party, that makes you the victim. Contact the court or the Victim/Witness Advocate and they should be able to tell you what he is charged with.
  • 07-06-2012, 08:07 AM
    Foster_Foster
    Re: Contempt of Court Charge Remanded to Municipal Court. Help (New Jersey)
    Er, so how did someone find out that you texted him and that he texted back? I gather you discussed it with someone who reported him to whomever. (You also don't say how this began, or whether you chose not to show up in court when this person plead guilty because you felt bad about filing the complaint in the first place.)

    If indeed this was just a matter of you two having a falling out at whatever time and you briefly wanting to get this person into trouble, understand that the prosecutor's office isn't necessarily interested in messing up his/her stats even if this is a relatively minor issue and caring that you're uninterested in this person getting into further trouble.

    Of course it isn't up to you whether he gets into further trouble, because he did violate a court order, that doesn't mean you cannot express to the court your (possible) half-baked explanation about how neither of you understood that voluntary/consentual contact wasn't allowed. ... that he in particular didn't understand that if YOU contacted HIM of your own accord that he wasn't allowed to respond.

    Depending what your goal is here, you may want to try and find out who his lawyer of record will be and contact that person.
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