N.J. Model Criminal Jury Charge, N.J.S.A. 2C:29-9b

Revised 6/20/97

VIOLATION OF AN ORDER UNDER THE PREVENTION

OF DOMESTIC VIOLENCE ACT

(N.J.S.A. 2C:29-9b)

The defendant, , is charged with the crime of violating a court order

entered under the Prevention of Domestic Violence Act.

New Jersey statutes describe this crime as follows:

. . . a person is guilty of a crim e. . . if that person purposely

or knowingly violates [a] provi sion in an order entered

under the provisions of the "Prevention of Domestic

Violence Act . . . "when the conduct which constitutes the

violation could also constitute a crime or a disorderly

persons offense.

1

In order for the defendant to be found guilty of this crime, the State has the burden of

proving beyond a reasonable doubt the following four elements:

1. There was a court order entered under the provisions of the "Prevention of

Domestic Violence Act".

2. The defendant knew of the existence of the order.

3. The defendant purposely or knowingly violated a provision of the order.

4. The conduct which constituted the violation could also constitute a crime or a

disorderly persons offense.

The first element is that there was a cour t order entered under the provisions of the

“Prevention of Domestic Violence Act”.

The second element is that the defendant kne w of the existence of the order. I shall

shortly define “knowingly” for you.

The third element is that the defendant pur posely or knowingly violated a provision of the

order.

1 Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of N.J.S.A. 2C:25-29(b) shall be excluded

from the provisions of this subsection.

Violation of An Order Under the

Prevention of Domestic Violence Act

(N.J.S.A 2C:29-9b)

A person acts purposely with respect to the na ture of his/her conduct or a result thereof if

it is his/her conscious object to engage in conduct of that nature or to cause such a result. A

person acts purposely with respect to attendant circumstances if he /she is aware of the existence

of such circumstances or he/she believes or hop es that they exist. "With purpose," "designed,"

"with design" or equivalent terms have the same meaning.

A person acts knowingly with respect to the nature of his/her conduct or the attendant

circumstances if he/she is aware th at his/her conduct is of that nature, or that such circumstances

exist, or he/she is aware of a high probability of their existence. A person acts knowingly with

respect to a result of his/her conduct if he/she is aware that it is practica lly certain that his/her

conduct will cause such a result. "Knowing," "with knowledge" or equivalent terms have the

same meaning.

It is alleged that defendant violated [sta te specifics of Order] by the following conduct:

[Describe alleged acts.]

In order for you to find the defendant guilty of the crime charged, you must find that the

defendant's conduct could also constitute the crime(s) of ________________________________

or the disorderly persons offense(s) of___________________________________________.

[In cases in which the trials of the violation of domestic violence order charge and of

the underlying indictable crime arising out of the same criminal episode have been severed,

and are being tried sequentially before the same jury, the fo llowing language should be

charged if the jury has already found the defendant guilty of either th e indictable crime or

a lesser included disorderly persons offense.

2 (This language, however, should not be

charged where defendant affirmatively requests that it not be given3).

In regard to the fourth element, that defendant’s conduct also constituted the

2 See State V. Chenique-Puey, 145 N.J. 334 (1996) and State V. Ragland, 105 N.J. 189 (1986).

3 See Ragland, at 195.

Violation of An Order Under the

Prevention of Domestic Violence Act

(N.J.S.A 2C:29-9b)

(crime/disorderly persons) offense of _____________, you must disregar d your prior verdict

finding defendant guilty of the (crime/disor derly persons offense) of ______________. As with

any other element, the State’s burden is to prove this element beyond a reasonable doubt. In

making the determination as to whether the St ate has met this burden, you may consider the

evidence previously presented to you, as well as the court’s instructi ons, pertaining to the

(crime/disorderly persons offense) of _______________4.]

[In cases not involving sequential trials, in struct on the elements of the applicable

crime(s) and/or disorderly persons offense(s).]

If you find that the State has proven the fi rst three elements beyond a reasonable doubt,

that is, that there was a court order entered under the provisions of the Prevention of Domestic

Violence Act, that the defendant knew of the existe nce of the order, and that he/she purposely or

knowingly violated the provision of the order as described, but you are not satisfied beyond a

reasonable doubt that the conduct which constituted th e violation could also constitute a separate

crime or disorderly persons offense, then the defendant must be found guilty of a less serious

offense, namely a disorderly persons offens e of violating a court order entered under the

Prevention of Domestic Violence Act. Thus, you may return one of three possible verdicts on

this charge: (1) guilty of the crime of violat ing a court order entered under the Prevention of

Domestic Violence Act, which re quires conduct that could also co nstitute a separate crime or

disorderly persons offense, (2) guilty of the diso rderly persons offense of violating a court order

entered under the Prevention of Domestic Violence Act, which does not require conduct that

could also constitute a separate crime or disorderly persons offense, or (3) not guilty.

4 The Court may wish to restate the elements of the underlying crime or disorderly persons offense if it is felt

that a sufficient time period has elapse d since the jury was given its instructions on that crime or disorderly persons

offense.

Violation of An Order Under the

Prevention of Domestic Violence Act

(N.J.S.A 2C:29-9b)

To summarize, if you find that the State has failed to prove each and every one of the first

three elements beyond a reasonable doubt, namely th at there was a court order entered under the

provisions of the Prevention of Do mestic Violence Act, that the defendant knew of the existence

of the order, and that he/she purposely or knowi ngly violated a provision of the order, you must

find the defendant not guilty. If you find that the State has proven all of the first three elements

beyond a reasonable doubt, but you are not satisfi ed beyond a reasonable doubt that the conduct

which constituted the violation could also constitute a separate crime or disorderly persons

offense, you must find the defenda nt guilty of the disorderly pe rsons offense of violating an

order under the Prevention of Domes tic Violence Act. If you find that the State has proven all

four elements beyond a reasonable doubt, incl uding the element that the conduct which

constituted the violation could also constitute a separate crime or disorderly persons offense, you

must find the defendant guilty of the crime of violating an order under the Prevention of

Domestic Violence Act.