Camden County Restraining Order Attorney
Experienced Restraining Order Defense Lawyer in Camden County Fights to Defend the Rights of Clients in Restraining Order Cases in Camden County and Throughout New Jersey
When a restraining order is filed against you in Camden County, 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 Camden County in relation to allegations of domestic violence and/or threats of violence. If you have been charged with domestic violence in Camden 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. This is why you need to contact a Camden County restraining order attorney like Michele Finizio. Contact our legal team for a free and confidential discussion.
Common Reasons for a Restraining Order
There are various reasons why restraining orders are entered. In most cases, restraining orders are entered as a result of domestic violence. Other instances where restraining orders may be sought include cases of sexual assault, stalking, and other similar offenses. Whatever the circumstances of your case, you shouldn’t leave anything to chance. You should seek the guidance and representation of an experienced Camden County restraining order attorney.
At The Law Offices of Michele Finizio understand how serious and emotionally charged cases involving restraining orders are. We will work quickly to help you avoid the potentially harsh conditions that can be imposed by a final restraining order. We have extensive experience representing clients in a variety of cases involving restraining orders. Contact us to schedule a consultation with a skilled and experienced restraining order defense lawyer in Camden County, NJ. Our free consultation will give you the opportunity to learn about your rights and options.
Overview of the Persons who can File a Restraining Order in Camden County
There are certain statutory requirements in order to successfully file a restraining order in Camden 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 Camden 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
Types of Restraining Orders in Camden County, New Jersey
There are two types of restraining orders that can be filed against you in New Jersey:
- Temporary Restraining Order (TRO): When an alleged act of domestic violence occurs and a judge in Camden 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 Camden County judge determines there is a continual need for lifelong protection for the victim, then a FRO may be filed.
How Temporary Restraining Orders are Obtained in New Jersey
Obtaining a temporary restraining order in New Jersey is relatively easy. There is no requirement for evidence. The party seeking the restraining order can obtain the TRO if they simply allege that they are a victim of domestic violence. Under New Jersey’s statutes, victims of domestic violence may include adults (anyone 18 years or older) as well as emancipated minors who have been subjected to violence by a spouse, former spouse, former or present member of their household, a person they were dating or a person with whom they have a child in common.
Children, the elderly, and disabled adults may also be victims of domestic violence. However, charges for domestic abuse for these victims are filed under a different set of laws.
If there is sufficient reason to believe the claim of domestic violence, then the court will issue a TRO to provide the victim with temporary protection from the risk of further violence. This will pave way for the issuing of a final restraining order.
How Final Restraining Order Hearings Work in Camden County, New Jersey Courts
After a TRO is granted, the court will schedule 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.
In order for a TRO to become final, the alleged victim will have to provide evidence to show that:
- The defendant did in fact commit at least one prior act of domestic violence against them
- There was a prior history of domestic violence. However, even a single act of domestic violence can result in the issuing of a final restraining order
- There is a necessity for a restraining order as the alleged victim fears for their continued safety
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.
What Happens After the Issuance of a Final Restraining Order?
Even after the issuing of a restraining order, you still have a chance to appeal. An experienced Camden County restraining order attorney can represent you and guide you through the process of appealing the restraining order. The team at the Law Offices of Michele Finizio has represented many clients and successfully appealed restraining orders entered against them. We will fight on your behalf to defend your rights.
Important Reasons Why You Should Never Violate a Restraining Order
It is important to remember that violation of a restraining order is a fourth-degree crime in New Jersey. If you violate your restraining order, you may be charged with contempt. It will result in a jail sentence of up to 18 months and fines of up to $10,000 if you are convicted. If a final restraining order 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. Attorney Michele Finizio can provide you with guidance to help ensure you don’t violate your restraining order as we work to fight the charges against you.
About Camden County, NJ
Camden County is a county located in New Jersey. With a population of 523, 485 as of the 2020 US census it is the 8th most populous county in the state. Camden County is considered one of the best places to live in New Jersey. Many of the families living in Camden County own their homes. They also have access to schools that are rated above average.
Cases of domestic violence in New Jersey have been on the increase with the New Jersey State Police reporting a rate of 6.8 incidents per 1000 residents. Camden City, the seat of the county, was ranked 5th in reported domestic violence cases.
Contact the Law Offices of Michele Finizio to Consult with an Experienced Camden County Restraining Order Attorney
Cases involving restraining orders can be very sensitive and complex. A restraining order can result in restrictions that interfere with your rights and freedoms. It is therefore important to work with an experienced Camden County restraining order attorney to protect your rights.
Attorney Michele Finizio has a proven track record of successfully representing clients in restraining order cases. Our law firm offers you the opportunity to consult for free with an experienced and knowledgeable restraining order defense lawyer in Camden County, NJ. We will review your case and determine the best approach to take in your case.
Frequently Asked Questions about Restraining Orders in Camden County, New Jersey
If a court enters a restraining order against you, it is expected that you fully comply with the terms of the restraining order. If you don’t, you can be held in contempt of the order. If it is a temporary order, your violation can be used as evidence in favor of issuing a final restraining order, which can potentially lead to jail time. When a restraining order has been issued against you, it is important to speak with an experienced attorney to understand your rights and options and to hopefully have the order vacated.
Yes. However, this depends on the language used in your restraining order. It also depends on what you posted and where you posted it. In general, posting online about your ex-spouse can be a violation of your restraining order under the Prevention of Domestic Violence Act.
Contact the Law Offices of Michele Finizio to consult with an experienced restraining order defense lawyer in Camden County, NJ. We will review your restraining order and the circumstances of your case to help you determine your rights and options.
If you ran into your ex-spouse unexpectedly it shouldn’t be considered a violation of your restraining order. You should, however, be careful to keep your distance as well as to avoid any confrontation with them. If you are accused of violating your restraining order despite running into your ex-spouse unexpectedly you should seek the representation and guidance of an experienced Camden County restraining order attorney.
The Law Offices of Michele Finizio offers a free consultation with an experienced restraining order defense lawyer in Camden County, NJ. We will build a strong defense to prove that you did not intentionally make contact with your ex-spouse. We will fight to protect your rights.
Yes, potentially. 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 predicated 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 The Law Offices of Michele Finizio for a free and confidential discussion.
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.”