Gloucester County Restraining Order Defense Lawyer
Experienced and Diligent Criminal Defense Attorney Fights for Clients Confronting Restraining Orders in Gloucester County and All Other Localities in New Jersey
A restraining order filed against you, whether temporary or final, can have long-lasting implications that will impact both your professional life and personal life. When you have a restraining order filed against you, you will be barred from having any contact with the defendant. Furthermore, you may face additional criminal charges that are associated with the restraining order filed against you. When you are facing domestic violence charges in New Jersey, you need to be represented by a skilled attorney who is well-versed in New Jersey law and the serious consequences that a restraining order can have upon your life. The Gloucester County restraining order defense lawyer Michele Finizio has been serving and fighting for clients throughout New Jersey for years, and has the knowledge and expertise to help you with your case.
Restraining Orders in Gloucester County, New Jersey
When a restraining order is filed, the New Jersey Superior Court Judge is required to determine that the alleged actions above did, indeed, occur and that the victim was the target of these predicate acts of domestic violence. Furthermore, the victim needs to swear either through an affidavit or by a sworn testimony that one or more of these acts occurred and that it’s necessary to have an order of protection in place in an effort to prevent the victim from enduring another domestic assault.
Who is Eligible to File a Restraining Order in Gloucester County, New Jersey?
In New Jersey, The Prevention of Domestic Violence Act details who is eligible to file a restraining order. All protected individuals must be 18 years of age or older or who are already considered to be emancipated minors. An emancipated minor is anyone under the age of 18 who is currently pregnant or already has a child, has entered the military, currently or previously married and those who have legally been emancipated by a New Jersey Court of Law.
The following protected individuals include:
- A current or former spouse
- Anyone you previously dated
- A current or former roommate
- Anyone who is expecting or currently sharing a child with you
Two Types of Restraining Orders That Exist in New Jersey
- Temporary Restraining Order (TRO). A TRO is filed when there is an alleged act of domestic violence and a New Jersey judge believes that there is an immediate need for protection to prevent further bodily harm to the victim.
- Final Restraining Order (FRO). An FRO is issued when the judge determines that there is a continual need for lifelong protection after going through the evidence stacked against you.
After an alleged act of domestic violence occurs – like aggravated assault – a temporary restraining order will be filed. This temporary order will be examined at a final restraining order hearing in which a NJ Superior Court Judge will determine whether or not a FRO should be placed upon you. If a final restraining order is granted, you will be prevented from contacting the victim in every context including phone, email, and text message, as well as staying away from anywhere they conduct their typical routine – e.g. school, employer, gym, etc.
The FRO hearing will be when the NJ judge will vet the allegations made against you. If the predicate acts of domestic violence, including but not limited to assault, possession of a firearm, harassment, or stalking, have been met and the judge determines that you need to stay away from the victim, they will enter the final restraining order.
Consequences of Violating a New Jersey Restraining Order
If you violate your restraining order, you can be charged with contempt which is a fourth-degree crime and you could face up to 18 months incarceration in New Jersey State Prison. A final restraining order bars you from having any sort of contact with the victim, regardless of the context. If you violate these terms set before you, you may be charged with a crime and be forced to face the consequences of your actions.
Whether you have just violated your restraining order or are looking to have it vacated, you need the help of a respected Gloucester County restraining order defense lawyer like Michele Finizio who has the resources and experience behind her to fight for your rights. Schedule a free consultation with her office today to see what resources are available to you to prevent a final restraining order from being filed against you in New Jersey.
About Gloucester County, New Jersey
Gloucester County is a county located in the state of New Jersey. As of the 2019 Census estimate, the county’s population was 291,636, making it the state’s 14th-most populous county. Gloucester County is located south of Philadelphia and northwest of Atlantic City. It is part of the Camden, New Jersey Metropolitan division of the Philadelphia-Camden-Wilmington Metropolitan Statistical Area as well as the Delaware Valley Combined Statistical Area.
Frequently Asked Questions about Restraining Orders in Gloucester County, New Jersey
Restraining orders and no-contact orders are similar but have distinctions that make each unique. A restraining order is a civil order issued by a court in response to a domestic violence complaint filed by an alleged victim of domestic violence. Conversely, a no-contact order is an order issued by a criminal court following an arrest; the order prohibits the defendant from having contact with the alleged victim as a condition of the defendant’s pretrial release. Violating either type of order has consequences; violating a restraining order may itself constitute a criminal offense while violating a no-contact order will void your pre-trial release and immediately put you in jail until your trial.
No. Although predicate acts of domestic violence are themselves also outlawed by criminal statutes, an alleged victim of domestic violence seeking a restraining order only needs to prove you committed a predicate act of domestic violence by a “preponderance of the evidence” — in other words, it is more likely than not that you committed the predicate act. As a result, you can still have a restraining order taken out against you for an alleged act of domestic violence even if there is insufficient evidence to arrest and convict you for a crime for that act.