Restraining Order Lawyer Deptford, NJ
Skilled and Experienced Criminal Defense Attorney Advocates on Behalf of Clients with Restraining Orders in Deptford and All Throughout New Jersey
Many people do not realize the ramifications to multiple facets of your life when a restraining order is filed against you in Deptford, or elsewhere in New Jersey. A restraining order can damage your personal life, your reputation and even your ability to get a job. 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 also result in you facing additional criminal charges affiliated with the restraining order. Restraining orders are often filed in Deptford in relation to allegations of domestic violence. If you have been charged with domestic violence in Deptford, 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 the Deptford restraining order attorney Michele Finizio. She works tirelessly on behalf of all of her clients. Take action now and contact her office for a free, confidential consultation.
Types of Domestic Violence That Often Precipitate the Filing of a Restraining Order in Deptford, NJ
There are specific types of domestic violence that often serve as the basis for a restraining order. They are even codified under N.J.S.A. 2C:25-17. These types of domestic violence include:
- Criminally coercive behavior
- Illegal restraint
- False imprisonment
Overview of What Occurs When a Restraining Order is Filed Against You in Deptford
In most instances, when someone files a restraining order against you in a Deptford court, or a court elsewhere in New Jersey, a Superior Court Judge will attempt to 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.
Can Anyone File a Restraining Order in Deptford?
There are certain statutory requirements in order to successfully file a restraining order in Deptford. For example, the individual filing the order must be 18 years of age or older or who is considered to be an emancipated minor. In addition, the victim is required to swear either by an affidavit or by 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 from enduring further violence, or threats of violence.
Under N.J.S.A. 2C:25-17, the following individuals are eligible to file a restraining order in Deptford:
- Spouse (current or former)
- Roommate (current or former)
- Boyfriend, girlfriend, or other significant other
- Anyone expecting or currently sharing a child with you
Is There Just One Type of Restraining Order?
Actually, there are two distinct types of restraining orders:
1. Temporary Restraining Order (TRO) – When an alleged act of domestic violence occurs and a judge in Deptford believes there is an immediate need for protection to prevent further bodily harm to the victim, then a TRO is typically filed.
2. Final Restraining Order (FRO) – When a Deptford judge determines there is a continual need for lifelong protection for the victim, then an FRO may be filed.
Overview of The Final Restraining Order Hearing in a Deptford Court
When a TRO is granted, a Superior Court Judge in Deptford, 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 affected 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.
Why You Should Not Violate a Deptford Restraining Order
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 in a New Jersey State Prison 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.
Why You Need a Deptford Criminal Defense Lawyer Can Advocate on Your Behalf When a Restraining Order is Filed Against You
As you can see from the information provided above, the process of filing a restraining order 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 Deptford 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 Deptford, or elsewhere 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.