Last amended September 1, 2017 · Current through September 1, 2026 · Last verified September 8, 2026
In one sentenceRule 5:7C caps pretrial incarceration in contempt-of-restraining-order cases at the maximum sentence the defendant could receive for the offense charged, and requires release once that period is reached.
(a)Defendants Subject to Limitations on Pretrial Incarceration. This rule applies to a defendant for whom a ComplaintWarrant (CDR-2) has been issued and who: (1) has been charged with any offense under N.J.S.A. 2C:29-9b or N.J.S.A. 2C:29-9d, along with any underlying offense, and is detained pursuant to R. 3:4A, or (2) is detained in jail due to an inability to post monetary bail on the initial offense charged on a Complaint-Warrant (CDR-2). This rule only applies to defendants arrested on or after January 1, 2017, regardless of when the offense giving rise to the arrest was allegedly committed.
(b)Limitation on Pretrial Incarceration. A defendant as described in paragraph (a) above may not be incarcerated for a time period longer than the maximum period of incarceration for which the defendant could be sentenced for the initial offense charged on the Complaint-Warrant (CDR-2).
(c)Time Period of Pretrial Incarceration. This time period of incarceration starts on the day the defendant was initially taken into custody.
(d)Release. If a defendant is detained pursuant to paragraph (a) of this rule and the maximum period of incarceration is reached pursuant to paragraph (b) of this rule, the Superior Court shall establish conditions of pretrial release pursuant to R. 3:26 and release the defendant. For matters in which the defendant was issued a Complaint-Warrant (CDR-2), was charged with any offense under N.J.S.A. 2C:29-9b or N.J.S.A. 2C:29-9d along with any underlying offense, and was detained pursuant to R. 3:4A, a Superior Court judge shall conduct a release hearing and make the release decision. In matters in which the defendant has been issued a Complaint-Warrant (CDR-2) and detained in jail due to an inability to post monetary bail on the initial offense charged, a judge with authority to modify the conditions of release shall make the release decision.
End
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Adopted July 28, 2017 to be effective September 1, 2017.
Plain-English Summary
A defendant held before trial can end up serving longer than a conviction would produce. This rule closes that gap for a defined group: defendants issued a Complaint-Warrant who are either charged with contempt of a domestic violence order along with any underlying offense and detained, or held because they cannot post monetary bail on the initial offense charged. It applies to defendants arrested on or after January 1, 2017, whenever the alleged offense occurred.
The limit is stated plainly: such a defendant may not be incarcerated longer than the maximum period of incarceration for which they could be sentenced on the initial offense charged. The clock starts the day the defendant was first taken into custody — not the day of indictment or arraignment.
Reaching the limit triggers release on conditions rather than simple discharge. The Superior Court establishes conditions of pretrial release and releases the defendant. Who decides depends on the route in: a Superior Court judge holds the release hearing for defendants detained on the contempt charges, while for those held on an inability to post bail, any judge with authority to modify conditions of release makes the decision.
Frequently Asked Questions
How long can someone be held before trial under this rule?
No longer than the maximum period of incarceration for which the defendant could be sentenced for the initial offense charged on the Complaint-Warrant.
When does the clock start?
On the day the defendant was initially taken into custody.
Who does this rule apply to?
Defendants issued a Complaint-Warrant who are charged with contempt under the cited statutes along with any underlying offense and detained, or who are held because they cannot post monetary bail on the initial offense — and who were arrested on or after January 1, 2017.
What happens when the maximum is reached?
The Superior Court establishes conditions of pretrial release and releases the defendant.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:7C). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. ·
Official source
Also known as:pretrial incarcerationcontempt of restraining ordercomplaint-warrantpretrial detention limittime served