Burlington County Restraining Order Attorney
Top Rated Restraining Order Defense Lawyer in Burlington County Represents Clients In Cases Involving Restraining Orders in Burlington County and Throughout New Jersey
The effects of a restraining order on your personal life, reputation, and employment can be disastrous. Not only does a restraining order mean that you are prohibited from contacting the person who filed it against you, but depending on the circumstances surrounding your case, you may be facing additional criminal charges. In Burlington County and throughout the state of New Jersey, restraining orders are often filed in relation to allegations of domestic violence and/or threats of violence. If you have been charged with domestic violence in Burlington County, you need an experienced lawyer to provide much-needed counsel and aggressive advocacy. This is why you need to contact Burlington County restraining order attorney Michele Finizio. She is a passionate criminal defense lawyer who will gather information about your situation, construct a compelling case, and vigorously advocate on your behalf to achieve your desired outcome. Take action now and contact her office for a free, confidential consultation.
Overview of Domestic Violence and Other Incidents That are Regularly Cited When Filing a Restraining Order in Burlington County
Restraining orders are often filed after certain types of domestic violence and related incidents occur. According to N.J.S.A. 2C:25-17, these incidents include:
- Criminal coercion
- False imprisonment
- Criminal trespass
In most instances, when someone files a restraining order against you in a Burlington 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 whether the individual who filed the order was a victim or target of domestic violence.
Overview of the Individuals Able to File a Restraining Order in Burlington County
There are certain statutory requirements in order to successfully file a restraining order in Burlington County. For instance, the individual filing the order must be 18 years of age or older or who 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 Burlington 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 NJ
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 orders (TROs)
Temporary restraining orders (TROs) are issued early in domestic violence cases. They are usually issued when the alleged victim files a complaint. If the judge determines that the victim faces an impending risk of harm through domestic violence, they will issue a TRO.
When you are accused of domestic violence, there is generally no chance that you can prevent the issuing of the TRO. This is because TROs are issued in proceedings that often occur without the presence of the alleged attacker. You may only discover that a TRO has been entered against you when the police serve you with the court order.
Final restraining order
This is issued after the TRO. The judge will only issue a final restraining order if there is evidence that suggests that the alleged victim requires ongoing protection. The proceedings for the issuance of the final restraining order often require the presence of the alleged attacker. The defendant, therefore, has the opportunity to challenge the issuance of the protective order.
It is important to have an experienced Burlington County restraining order attorney representing you. Attorney Michele Finizio will fight to protect your rights and freedom.
How Temporary Restraining Orders Typically Work
When a person is accused of a crime involving domestic violence, they may have a restraining order taken against them. A temporary restraining order (TRO) is issued to prevent contact between the defendant and the alleged victim. While many defendants take TROs lightly, they do not realize that they have only 10 days in which to fight the order and prevent a final restraining order from being issued. Both temporary and final restraining orders can have a big impact on your life. It is therefore important to seek the help of an experienced Burlington County restraining order attorney to protect your rights and freedom.
At The Law Offices of Michele Finizio, we understand how sensitive and emotional domestic violence cases can be. We have extensive experience handling cases involving restraining orders. We will act swiftly to get the TRO dismissed or to fight the issuing of the final restraining order. We also have a proven track record of successfully fighting final restraining orders that have already been issued.
Contact us today to schedule a free consultation with an experienced restraining order defense lawyer in Burlington County, NJ, and take the first step in protecting your rights and freedom.
How Final Restraining Order Hearings Work in Burlington County, NJ Courts
When a TRO is granted, a Superior Court Judge in Burlington County, or elsewhere in New Jersey, will coordinate a date to assess the continuing need for protection at an FRO hearing. This hearing is typically set approximately 10 days out from the initial proceedings when the TRO was entered by the judge. At this hearing, the defendant can expect to have the alleged acts of domestic violence thoroughly examined and vetted. Additionally, the judge will carefully examine the implications of a restraining order against the defendant. The judge will often consider a multitude of factors, including: (i) whether a couple shares custody of minor children, (ii) the shared possession of property such as a house, and (iii) the shared possession of banking accounts. All of these areas of your life could be harmed if you have an FRO filed against you.
After the FRO hearing, the judge is required to determine whether the alleged actions did, indeed, affect the victim and whether they will need to swear either by an affidavit or sworn testimony that the acts did take place. Additionally, the judge needs to determine whether or not it is necessary to have an order of protection in place to prevent the victim from enduring further acts of violence or threats of violence.
Important Reasons Why You Should Never Violate a Restraining Order in Burlington County
If you violate the restraining order, you may be charged with contempt. This is a fourth-degree crime that carries up to 18 months of incarceration if you are convicted. If an FRO has been entered against you, then you cannot have any sort of contact with the victim, regardless of the context. If you violate the terms, you could be charged with a crime and be forced to face the consequences of your actions.
Take Action and Speak to a Savvy Restraining Order Lawyer in Burlington County, NJ
There are a lot of moving parts in the restraining order process, and not knowing how your life will change can be overwhelming and scary. As mentioned, facing criminal charges for domestic violence carries severe and potentially life-altering ramifications. To get your restraining order lifted, you need the help of an experienced criminal defense lawyer in Burlington County whom you can trust. 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 lives and future opportunities. She stands ready to fight for you. Michele Finizio can help you if you live in Burlington County or another part of New Jersey. She offers her clients facing criminal charges a free consultation. Contact her office today by using our online form.
About Burlington County
Burlington County is a county located in New Jersey. It is the largest county by area in the state. However, with a population of 461,860, it is the 11th most populous county in the state. Burlington County is considered one of the best places to live in New Jersey. It attracts young professionals seeking employment opportunities in the region. Many young families settle in the area to gain access to the top-rated public schools.
Figures from the recently released New Jersey State Police report show that there were 61,659 domestic violence incidents reported in 2015. Domestic violence cases have risen throughout New Jersey. In the ranking of towns in New Jersey with domestic violence cases, Edgewater Park Township in Burlington County was ranked number 20, and Pemberton Township in Burlington County was ranked number 9.
Reach Out to the Law Offices of Michele Finizio to Consult an Experienced Burlington County Restraining Order Attorney
Restraining orders can have a big impact on your freedom of movement. They may interfere with your ability to live in your home and spend time with your children and family. It is therefore important to ensure you have the best possible legal representation. Contact the Law Offices of Michele Finizio to consult with an experienced restraining order defense lawyer in Burlington County, NJ. Our team will review the circumstances of your case and act quickly to minimize the chances of the temporary restraining order becoming final. We will help you fight the restraining order or appeal an existing final restraining order.
Contact us now to schedule a free consultation with an experienced and knowledgeable Burlington County restraining order attorney and protect your rights.
Frequently Asked Questions about Restraining Orders in Burlington County
Both a no-contact order and a restraining order prohibit one from contacting the alleged victim. However, restraining orders are issued by civil courts and no arrest is required. When no contact orders are issued, they are often issued alongside an arrest. This ensures that the defendant will not contact the alleged victim. The defendant may be released on bail. However, one of the conditions of the release will be not to contact the alleged victim.
Violation of either court order will result in contempt of court and forfeiture of any bail. If you have been accused of violating your court orders, you should contact an experienced Burlington County restraining order attorney as soon as possible. We at the Law Offices of Michele Finizio will fight to get the best outcome in your case.
In order for a judge to issue a restraining order, they do not require hard evidence of a crime. The plaintiff only needs to show that the alleged events are more likely to be true than not. This is known as the preponderance of the evidence standard. This means that a restraining order can be issued even if the prosecution is not able to successfully prosecute you for the charges for the events for which the restraining order was needed.
Restraining order cases can be complex. They can result in the loss of some of your rights. It is important to seek the guidance and representation of an experienced attorney. Contact us to schedule an appointment for a consultation with an experienced restraining order defense lawyer in Burlington County, NJ.
We owe a debt of gratitude for her service. I was shocked at how much she was able to do for my son. She is a solid lawyer who is honest and works to insure the best possible outcome for her client is achieved.”