Totowa NJ Interference With Custody Defense Lawyer
Passaic County NJ Child Custody Violation Attorney
Alissa D. Hascup represents clients throughout New Jersey who have been charged with offenses against the family, including but not limited to interference with custody, aggravated assault, and trespassing in Paterson, Wayne, Totowa, Passaic, Little Falls, Morristown, Denville, Hackensack, and Newark.
Ms. Hascup is a skilled criminal defense attorney who has successfully handled thousands of cases in New Jersey’s Superior Courts (indictable/felony level offenses) and Municipal Courts (disorderly persons/misdemeanor level offenses). She is also a former Assistant County Prosecutor, Special Deputy Attorney General, and Municipal Prosecutor, who prosecuted a variety of cases, ranging from Kidnapping to Child Abuse, during the course of her distinguished career. She is ready to fight for you.
Ms. Hascup understands the importance of attacking the State’s case and putting you in a position to achieve the best result possible. If you have been charged with interference with custody, contact Ms. Hascup for a free initial consultation. She is available 24 hours a day, seven days a week.
Interference With Custody in New Jersey: N.J.S.A. 2C:13-4
Interference With Custody is codified under N.J.S.A. 2C:13-4, which provides:
a. Custody of Children. A person, including a parent, guardian or other lawful custodian, is guilty of interference with custody if he:
- Takes or detains a minor child with the purpose of concealing the minor child and thereby depriving the child s other parent of custody or parenting time with the minor child; or
- After being served with process or having actual knowledge of an action affecting marriage or custody but prior to the issuance of a temporary or final order determining custody and parenting time rights to a minor child, takes, detains, entices or conceals the child within or outside the State for the purpose of depriving the child s other parent of custody or parenting time, or to evade the jurisdiction of the courts of this State; or
- After being served with process or having actual knowledge of an action affecting the protective services needs of a child in an action affecting custody, but prior to the issuance of a temporary or final order determining custody rights of a minor child, takes, detains, entices or conceals the child within or outside the State for the purpose of evading the jurisdiction of the courts of this State; or
- After the issuance of a temporary or final order specifying custody, joint custody rights or parenting time, takes, detains, entices or conceals a minor child from the other parent in violation of the custody or parenting time.
Interference With Custody is a crime of the second degree if the minor child is taken, detained, enticed or concealed either (1) outside the United States or (2) for a period of more than 24 hours.
Otherwise, it is a crime of the third degree except that the presumption of non-incarceration for a first-time offender does not apply.
A crime of the second degree is punishable by a term of imprisonment of between 5 and 10 years in New Jersey State Prison.
A crime of the third degree is punishable by a term of imprisonment of up to 5 years in New Jersey State Prison.
It is extraordinarily rare for a statute to specify that the presumption of non-incarceration for a first-time offender does not apply. In layman’s terms, a violation of this statute is taken extremely seriously in the eyes of the law and the State will be looking to incarcerate those convicted of this statute, even if they have no prior criminal record.
Contact a Totowa NJ Child Custody Interference Attorney for Answers
It is critical that you contact a lawyer immediately if you find yourself in a situation where you or a loved one have been charged with interference with custody as a result of a domestic violence or other related incident. The consequences of a conviction for interference with custody can be dire. Alissa D. Hascup can help. Call or email her now for a free, initial consultation about your case.
