Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

Available 24/7

609.345.3300

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

Cyberbullying Laws in New Jersey

As technology evolves, so do outlets for abusive, ugly behavior. It follows that the latest cause for concern around the country is the age of cyberbullying. Unlike physical bullying, cyberbullying often involves psychological harassment that can scar a person on the receiving end for years. Cyberbullying using an electronic format to make threats to cause…Continue Reading

How Social Media Can Potentially Hurt Your Case

Social media has brought about a new age in staying connected to loved ones all around the world. However, unless the right privacy settings are in place, a user’s information is all public knowledge and just a few clicks away. Because this information is public, some of the information found on social media could be…Continue Reading

What Happens if You Aren’t Read Your Rights When Arrested?

An arrest can be a chaotic situation. But no matter how busy or convoluted it can get, law enforcement has guidelines they need to follow. Among those guidelines are reading a person their rights. There is a common misconception that says if a person isn’t read their rights, their entire case gets thrown out or…Continue Reading

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.

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Atlantic County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1 S. NEW YORK AVENUE, SUITE 212
ATLANTIC CITY, NJ 08401

609.345.3300

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1616 PACIFIC AVENUE, SUITE 318
ATLANTIC CITY, NJ 08401

609.385.4010

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1555 ZION ROAD, SUITE 203
NORTHFIELD, NJ 08225

609.435.1435

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786

Areas We Serve

Atlantic County Offices

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786 Get Directions

Seasoned criminal defense lawyer John W. Tumelty has three conveniently located offices in Atlantic City, Somers Point and Marmora, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Cape May, Dennis Township, Egg Harbor Township, Galloway Township, Hamilton Township, Hammonton, Linwood, Lower Township, Margate, Middle Township, Northfield, Ocean City, Pleasantville, Sea Isle City, Somers Point, Stone Harbor, Upper Township, Ventnor and Wildwood.