Restraining Order Lawyer in Burlington County, NJ
Experienced and Highly Capable Criminal Defense Attorney Fights for Clients Confronting Restraining Orders in Burlington County and All Other Localities in 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 lawyer 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 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 Order (TRO) – When an alleged act of domestic violence occurs and a judge in Burlington 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 a Burlington County judge determines there is a continual need for lifelong protection for the victim, then a FRO may be filed.
How Final Restraining Order Hearings Typically 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 which 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
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 Burlington 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 Burlington 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.