Restraining Order Attorney in Gloucester City, NJ
Highly Capable and Skilled Criminal Defense Lawyer Fights on Behalf of Clients Dealing with Restraining Orders in Gloucester City and All Other Localities in New Jersey
Your personal life, reputation and even your ability to get a full-time job can take a significant hit if you have a restraining order entered against you. When a restraining order is filed against you in Gloucester City or anywhere else in New Jersey, you are prohibited from contacting the person who sought the restraining order. In addition, a restraining order may result in you facing additional criminal charges. Restraining orders are often filed in Gloucester City in relation to allegations of domestic violence and/or threats of violence. If you have been charged with domestic violence in Gloucester City, 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 Michele Finizio, a Gloucester City restraining order attorney. She will work tirelessly on your behalf, and advocate for you vigorously to get you the best possible outcome. Take action now and contact her office for a free, confidential consultation.
Domestic Violence and Related Incidents Typically Undergird the Filing of a Restraining Order in Gloucester City
Restraining orders are often filed after certain types of domestic violence and related incidents. These incidents, according to N.J.S.A. 2C:25-17, include:
- Sexual assault
- False imprisonment
- Criminal trespass
- Terroristic threats
- Criminal coercion
In most instances, when someone files a restraining order in a Gloucester City 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 People Legally Capable of Filing a Restraining Order in Gloucester City
There are certain statutory requirements in order to successfully file a restraining order in Gloucester City. An individual filing for a restraining order must be at least 18 years old or considered to be an emancipated minor. In addition, 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 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 Gloucester City:
- Anyone who is expecting or currently sharing a child with you
- Current spouse
- Former spouse
- Current roommate
- Former roommate
- Current boyfriend
- Former boyfriend
- Current girlfriend
- Former girlfriend
Synopsis of the Types of Restraining Orders That Can Be Filed in a NJ Court
There are two distinct 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 Gloucester City 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 Gloucester City judge determines there is a continual need for lifelong protection for the victim, then a FRO may be filed.
Overview of What Takes Place During a Final Restraining Order Hearing in Gloucester City, NJ Courts
When a TRO is granted, a judge will coordinate a date to assess the continuing need for protection at an FRO hearing. This hearing is typically set 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.
Reasons Why You Should Never Violate the Terms of a Restraining Order in Gloucester City
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.
Contact a Savvy and Experienced Restraining Order Lawyer in Gloucester City, NJ
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 Gloucester City 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 is ready to fight for you. If you reside in Gloucester City, 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.