Restraining Order Lawyer in Evesham, NJ
Experienced, Aggressive Criminal Defense Lawyer Fights for Clients Confronting Restraining Orders in Evesham and Throughout New Jersey
If a restraining order is filed against you in Evesham, or elsewhere in New Jersey, it can have an adverse impact on you for the rest of your life. A restraining order can harm your personal life, your reputation and even your ability to secure gainful employment. When a restraining order is filed against you, it means you are barred from contacting the person who sought the restraining order. In addition, a restraining order may result in you facing additional criminal charges affiliated with the restraining order. Restraining orders are often filed in Evesham when there are allegations of domestic violence. If you have been charged with domestic violence in Evesham, you need a skilled and savvy restraining order attorney in Evesham with a strong understanding of NJ law. This is why you should contact Michele Finizio. She is a top-notch Evesham criminal defense attorney who works tirelessly on behalf of her clients. Take action and contact her office today for a free consultation.
Common Forms of Domestic Violence That May Result in a Restraining Order in Evesham
There are certain actions that are legally considered to be domestic violence. Under N.J.S.A. 2C:25-17, such acts of domestic violence include, but are not limited to, the following:
What Happens When a Restraining Order is Filed in Evesham?
When a restraining order is filed in Evesham Municipal Court, or other courts in New Jersey, the judge decides whether the alleged actions put forth to warrant the order are accurate and whether the individual who filed the order was a victim.
Individuals Eligible to File a Restraining Order in Evesham
In order to file a restraining order in Evesham, the person filing the order must be an emancipated minor at least 18 years of age. To prove that the restraining order is necessary for the safety of the victim, they must vow by affidavit or sworn testimony that the violence occurred and that they may be in danger should the order not be filed.
According to New Jersey’s Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17), people qualified to file a restraining order encompass a current or former spouse, roommate, significant other (e.g., boyfriend or girlfriend), and anyone expecting or currently sharing a child with you.
There are Different Types of Restraining Orders?
Under New Jersey law, there are two distinct types of restraining orders. The first is a “Temporary Restraining Order” (TRO). A TRO is typically filed in cases to protect the victim immediately from the alleged domestic violence. TROs will also have a term limit in regards to how long they are in place for before a potential Final Restraining Order hearing. This second type of restraining order, a “Final Restraining Order” (FRO), is put into place if the allegations of violence are so severe that the judge believes it necessary for the victim’s long-standing safety since it is a permanent restraining order. This is typically filed toward repeat offenders and violent aggressors.
The Final Restraining Order Hearing in Evesham Municipal Court – What to Expect
When a TRO is granted a Superior Court Judge in New Jersey will coordinate schedule a date to assess the persisting need for the protection of the victim at a FRO hearing. Approximately 10 days after the TRO hearing, the judge will schedule the FRO hearing in which the facts presented by both sides will be carefully scrutinized. The judge will review in depth a multitude of determinants at this hearing, including whether the two parties share…
- Custody of minor children
- Possession of property such as a house
- Possession of banking accounts
Among other weighty financial and familial components, these areas of your life could be adversely altered if such an order is 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.
Ramifications of Violating an Evesham 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.
How an Evesham Criminal Defense Lawyer Can Help Fight the Restraining Order Filed Against You
As you can tell, 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 Evesham 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 Evesham, or elsewhere in New Jersey, Michele Finizio can help. She offers her clients facing criminal charges a free consultation. Contact her office by using our online form today.