Camden County Restraining Order Lawyer
The Law Offices of Michele Finizio Serves Clients Confronting Restraining Orders in Camden County and All Other Localities in 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 lawyer like Michele Finizio. Contact our legal team for a free and confidential discussion.
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 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.
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
If you violate your restraining order, you may be charged with contempt. This is a fourth-degree crime that carries up to eighteen months in prison 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.
About Camden County, New Jersey
Camden County is a county in the state of New Jersey. Its county seat is the city of Camden. The county’s population is approximately 507,000, making it the 8th-largest county in New Jersey. The most populous place in Camden County is the town of Camden, with 77,344 residents at the time of the 2010 Census, while Winslow Township covered 58.19 square miles (150.7 km2), making it the largest total area of any municipality. Camden County was formed in 1844. The county was named for Charles Pratt, 1st Earl Camden, a British judge, civil libertarian, and defender of the American cause. The county has a total area of 228,000 square miles, including 222,000 square miles of land and 6,000 square miles of water.
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, 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.