Atlantic County Restraining Order Lawyer
Savvy and Resourceful Criminal Defense Attorney Fights for Clients Confronting Restraining Orders in Atlantic County and All Other Localities in New Jersey
In New Jersey, when a restraining order is filed against you, it means you are prohibited from contacting the person who sought the restraining order. A restraining order may result in you facing additional criminal charges affiliated with the restraining order. Restraining orders are often filed in Atlantic County in relation to allegations of domestic violence and/or threats of violence. If you have been charged with domestic violence in Atlantic County, you need a skilled and savvy lawyer with a strong understanding of New Jersey law and experience representing clients who are the subject of a restraining order. Contact The Law Offices of Michele Finizio for a free and confidential discussion.
Overview of Domestic Violence When Filing a Restraining Order in Atlantic County
Restraining orders are often filed after certain types of domestic violence and related incidents. These incidents, according to N.J.S.A. 2C:25-17, include:
- Criminal coercion
- False imprisonment
- Criminal trespass
In most instances, when someone files a restraining order against you in Atlantic County court, or a court elsewhere in New Jersey, a Superior Court judge will determine whether the alleged actions underlying the restraining order are accurate and the individual who filed the order was a victim or target of domestic violence.
Overview of the Persons Able to File a Restraining Order in Atlantic County
There are certain statutory requirements in order to successfully file a restraining order in Atlantic County. For instance, the individual filing the order must be 18 years of age or older or is considered to be an emancipated minor. The victim is required to swear either by an affidavit or by a sworn testimony that the alleged acts occurred and that it is necessary to have an order of protection in place in an effort to prevent the victim.
Under N.J.S.A. 2C:25-17, the following individuals are eligible to file a restraining order in Atlantic County:
- Current boyfriend
- Former boyfriend
- Current girlfriend
- Former girlfriend
- Current roommate
- Former roommate
- Anyone who is expecting or currently sharing a child with you
- Current spouse
- Former spouse
Summary of the Types of Restraining Orders That Can Be Filed in New Jersey
There are two types of restraining orders that can be filed against you in New Jersey. They are a temporary restraining order and a final restraining order.
- Temporary Restraining Order (TRO) – When an alleged act of domestic violence occurs and a judge in Atlantic County believes there is an immediate need for protection to prevent further bodily harm to the victim, then a TRO is typically filed.
- Final Restraining Order (FRO) – When an Atlantic County judge determines there is a continual need for lifelong protection for the victim, then a FRO may be filed.
Take Action and Speak to a Savvy Restraining Order Lawyer in Atlantic County, New Jersey
The restraining order process features numerous moving parts, and it can be overwhelming and frightening to not know how your life will be impacted. As mentioned, facing criminal charges for domestic violence carry severe and potentially life-altering ramifications. This is why you need the experienced legal assistance of a trusted criminal defense lawyer in Atlantic County to have your restraining order lifted. If you are in need of an attorney, look no further than Michele Finizio. She has dedicated her career to criminal law and understands that her clients are often facing serious allegations and charges that can be detrimental to their life and future opportunities. She stands ready to fight for you. If you reside in Atlantic County, or in another locality in New Jersey, Michele Finizio can help. She offers her clients facing criminal charges a free consultation. Contact her office today by using our online form today.
About Atlantic County, New Jersey
Atlantic County is a county located in the state of New Jersey. As of the 2010 United States Census, the county had a population of 274,549. Its county seat is the Mays Landing section of Hamilton Township. This county forms the Atlantic City-Hammonton Metropolitan Statistical Area, which is also part of the Delaware Valley Combined Statistical Area. Atlantic County is located about 100 miles south of New York City and about 60 miles southeast of Philadelphia.
Frequently Asked Questions about Restraining Orders in Atlantic County, New Jersey
Potentially yes. In order to have your restraining order dismissed, you will need to petition the court. A restraining order may be dismissed if you can prove that you and the person protected by the order do not have a qualified domestic relationship, that you have not committed a predicate act of domestic violence, and/or that a restraining order is not needed to protect the alleged victim from future acts of domestic violence. You can greatly improve your chances at obtaining a dismissal of your restraining order when you have an experienced attorney representing your rights and interest. Contact our legal team – we are here to help you.
If the court enters a temporary or final restraining order against you, you will be expected to comply with the terms of the order. If you don’t, you can be held in contempt of the order (and if it is a temporary order, your violation can be used as evidence in favor of issuing a final restraining order) and potentially sent to jail for your actions. When a restraining order has been issued against you, you should speak with an experienced attorney to discuss your rights and your options for defending against the entry of a final order or having your restraining order vacated. Contact The Law Offices of Michele Finizio for a free and confidential discussion.