Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

Available 24/7

609.385.4010

Former Prosecutor

Now Fighting for You

New Jersey Criminal Defense and DWI attorney
who knows how to navigate the local courts

FORMER PROSECUTOR

NOW FIGHTING FOR YOU.

New Jersey Criminal Defense and DWI attorney who
knows how to navigate the local courts.

RECENT DWI & CRIMINAL DEFENSE RESULTS

STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — “NOT GUILTY” VERDICT

Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found “not guilty” of all charges.

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for Over 30 years

Other areas we serve

Atlantic City, NJ Criminal Contempt Lawyer Keeps Clients Out of Jail for Restraining Order Violations


Restraining orders are serious business in New Jersey. If you violate a restraining order, it will be considered a criminal offense. In fact, if someone even accuses you of violating a restraining order, you may be arrested for criminal contempt. Additionally, prosecutors often seek maximum penalties in criminal contempt cases because this charge is the tool used by law enforcement to ensure that restraining orders are enforced.

The Law Offices of John W. Tumelty is a well-respected law firm that is dedicated to criminal defense. Founding partner John Tumelty has 30 years of experience in NJ courtrooms as both a state prosecutor and a defense attorney. He previously served as a deputy attorney general with the New Jersey Attorney General’s Office, Division of Criminal Justice, and as an assistant county prosecutor with the Atlantic County Prosecutor’s Office, Trial Section. Now he fights on behalf of criminal defendants throughout South Jersey, including Cape May County and Atlantic County.

What Kinds of Penalties Do You Face for Criminal Contempt?

Criminal contempt charges are governed by N.J.S.A. 2C:29-9. When a judge grants a Temporary Restraining Order (TRO) in response to a complaint alleging domestic violence, the accused must refrain from any contact with the person who lodged the complaint — until the outcome of the case is determined at a Final Restraining Order (FRO) hearing. If an FRO is issued against the defendant, they will be permanently barred from any contact with the complaining party. If, at any time, the defendant violates the terms of the restraining order, they can be charged with criminal contempt.

The threshold for determining whether a restraining order has been violated is extremely low. Basically, if the police have probable cause to believe that you violated the terms of the restraining order, you will be charged.

New Jersey law classifies a restraining order violation as a fourth degree felony when the violation constitutes a separate indictable crime or disorderly persons offense such as harassment, stalking, or terroristic threats. When the violation does not stem from a separate offense but is merely a violation of a no-contact order, the criminal contempt charge is classified as a disorderly persons offense. However, violations under other circumstances can result in enhanced penalties:

  • A first offense for criminal contempt may be classified as a fourth degree felony, subjecting an offender to up to 18 months in NJ State Prison and a $25,000 fine.
  • A second or subsequent violation of a restraining order results in a mandatory sentence of 30 days in jail.
  • Since the offense is typically classified as a felony, a conviction will result in the defendant having a permanent criminal record.
  • Upon release from prison, you could be subject to an extended period of probation requirements.
  • Any firearms that you possess will be seized. Additionally, your firearms license will be taken from you.
  • If you are accused of committing a separate offense while violating the restraining order, you could face additional charges and more severe penalties. This is because you will be charged with both criminal contempt and the other offense.

New Jersey Criminal Defense Attorney Helps You Stay Out of Jail for Violating the Terms of a Restraining Order

If you’ve been accused of violating the terms of a restraining order in the State of New Jersey, you need an experienced criminal defense attorney who will explore all possible options for avoiding a criminal record and keeping you out of jail. John Tumelty is an aggressive criminal defense attorney who understands the nuances of domestic violence law and knows what it takes to secure a win in your case. Call or email him today to schedule a free consultation at one of his office locations in Marmora or Somers Point.

Free Consultation 24/7

Nights & Weekends

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Atlantic County Office

Areas We Serve

Atlantic County Office

South Jersey criminal defense lawyer John W. Tumelty is conveniently located in Atlantic City, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Brigantine, Buena, Cape May, Egg Harbor City, Egg Harbor Township, Estell Manor, Folsom, Galloway Township, Hamilton Township, Hammonton, Linwood, Longport, Margate, Mullica Township, Northfield, Pleasantville, Port Republic, Somers Point, Ventnor,  and Waymouth.