(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 exposit this crime as follows: a person is guilty of a crime if that person purposely or knowingly violates [a] provision in an request 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.1In order for the defendant to be found guilty of this crime the State has the charge of proving beyond a reasonable doubt the following four elements:1. There was a act 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 request.4. The care which constituted the violation could also constitute a crime or a disorderly persons offense. The first element is that there was a court order entered under the provisions of the “Prevention of Domestic Violence Act”. The second element is that the defendant knew of the existence of the order. I shall shortly be “knowingly” for you. The third element is that the defendant purposely 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 thePrevention of Domestic Violence Act(N. J. S. A) 2C:29-9b)summon 2 of 4A person acts purposely with consider to the nature 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 hopes that they exist. "With intend," "designed," "with design" or equivalent terms have the same meaning. A person acts knowingly with consider to the nature of (his/her) conduct or the attendant circumstances if (he/she) is aware that (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 practically certain that (his/her) care will cause such a prove. "Knowing," "with knowledge" or equivalent terms have the same meaning. It is alleged that defendant violated [express specifics of Order] by the following conduct:[Describe alleged acts.]In order for you to sight 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 undergo been severed and are being tried sequentially before the same jury the following language should be charged if the jury has already found the defendant guilty of either the 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 (crime/disorderly persons) offense of _____________ you must disregard your prior verdict2 See express 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 thePrevention of Domestic Violence Act(N. J. S. A) 2C:29-9b)Page 3 of 4finding defendant guilty of the (crime/disorderly persons offense) of ______________. As with any other element the State’s burden is to be this element beyond a reasonable disbelieve. In making the determination as to whether the State has met this charge you may consider the evidence previously presented to you as come up as the act’s instructions pertaining to the (crime/disorderly persons offense) of _______________4.][In cases not involving sequential trials instruct on the elements of the applicable crime(s) and/or disorderly persons offense(s).]If you sight that the State has proven the first 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 existence 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 disbelieve that the conduct which constituted the violation could also constitute a separate crime or disorderly persons offense then the defendant must be open guilty of a less serious offense namely a disorderly persons offense.
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http://criminal-jury.blogspot.com/2007/08/violation-of-order-under-prevention-of.html
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