Gloucester County Restraining Order Attorney
Top Rated Restraining Order Defense Lawyer in Gloucester Defends Clients in Cases Involving Restraining Orders in Gloucester County and Throughout 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 on your life. The Gloucester County restraining order defense attorney 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
The law in New Jersey allows for a person who feels that their safety is threatened to seek a restraining order. Restraining orders under the Prevention of Domestic Violence Act are designed to provide protection for the alleged victim by deterring the alleged attacker from making contact with them. When a restraining order is filed, the New Jersey Superior Court Judge is required to determine that the alleged actions 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.
When a restraining order is issued it places limitations on the life of the person it is entered against. A violation of the provisions of the restraining order will result in serious consequences such as criminal prosecution. At the Law Offices of Michele Finizio, we understand the importance of acting quickly and handling restraining order cases with care. Our team has extensive experience in representing clients in restraining order cases. We will fight to get the best outcome in your case.
When a restraining order is issued against you, it is not only important to act quickly but also to act carefully. An experienced Gloucester County restraining order attorney at our firm will provide you with the guidance and representation you need to protect your rights and freedom. Contact the Law Offices of Michele Finizio today to schedule a consultation with an experienced restraining order defense lawyer in Gloucester County, NJ, and get the best chance at protecting your rights and freedoms.
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) 2C:12-10.2. 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) 2C:14-16. 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.
How an Experienced Gloucester County Restraining Order Attorney from The Law Offices of Michele Finizio Can Fight to Have Your Restraining Order Lifted
The burdens that both temporary and final restraining orders placed on those against whom they are entered can be substantial. A restraining order issued against you can mean not being able to spend time with your children and other family members. It can also restrict your freedom of movement. It is therefore important to try and get the restraining order lifted.
An experienced Gloucester County restraining order attorney can help to get your restraining order lifted by:
Filing an appeal
When the judge issues a restraining order against you, you will have 45 days in which to file an appeal against the restraining order. Some of the most common grounds for an appeal include a mistake of law, a mistake of fact, failure to specify the grounds for issuing the restraining order, and failure to properly consider objections to the issuing of the restraining order.
Filing a motion for a new trial
You can file a motion for the reconsideration of the issuing of a restraining order within 20 days of the court issuing the order against you. Common grounds for filing a motion for a new trial include failure to permit evidence, mistake of law, mistake of fact, failure to grant postponement, failure to properly consider objections, and consideration of evidence admitted improperly.
Filing a motion to vacate
It is possible to file an order to lift the restraining order if there is no longer a need for the restraining order.
Attorney Michele Finizio, an experienced and skilled restraining order defense lawyer in Gloucester County, NJ, has represented many clients in restraining order cases. Contact our law firm to schedule a free consultation.
About Gloucester County, NJ
Gloucester County is a county located in New Jersey. The county is located only 52 miles from Atlantic City and 21 miles from Philadelphia. The county is considered one of the best places to live in New Jersey. Many of the families living in this county own their homes and have access to highly-rated public schools.
According to reports from the New Jersey State Police, cases of domestic violence have increased throughout New Jersey. There were 61,659 cases reported in 2015 alone. Paulsboro Borough in Gloucester County was ranked 15 for the number of domestic violence cases reported in 2015.
Reach Out to the Law Offices of Michele Finizio to Consult with an Experienced Gloucester County Restraining Order Attorney
Having a restraining order entered against you can be devastating. It can prevent you from being able to spend time with your family and children. It can also result in the loss of various other rights and freedoms. You can’t take anything for granted when it comes to fighting a restraining order. It is important to have the best legal representation and guidance you can get.
Contact The Law Offices of Michele Finizio to discuss your case with an experienced and skilled restraining order defense lawyer in Gloucester County, NJ. We would be happy to review your case and explain your rights and options to you. We will work swiftly to craft an effective defense and protect your rights and freedom. Get in touch with us now to learn more about how we can help.
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.
It is important to consult with an experienced Gloucester County restraining order attorney as soon as possible. Violating a restraining order is considered a fourth-degree crime in New Jersey. The penalty for those is a jail term of up to 18 months as well as fines of up to $10,000. With so much to lose, it is important that you do not take the charge lightly.
Contact the Law Offices of Michele Finizio. We offer a free initial consultation. This is a great opportunity to learn about your rights and options. Our team will work quickly to help fight the potential penalties for violating a restraining order. We will defend you and work to protect your rights and freedom.
When a final restraining order is issued, it is indefinite in nature. This means that a final restraining order will last until a judge lifts the order. In order for a judge to lift the final restraining the alleged attacker or the accuser must convince the judge that there is no longer a need for a restraining order.
You can appeal a final restraining order with the help of an experienced restraining order defense lawyer in Gloucester County, NJ. Attorney Michele Finizio will review your case and build a strong defense to help get the restraining order lifted. Our team will work tirelessly to protect your rights.
We owe a debt of gratitude for her service. I was shocked at how much she was able to do for my son. She is a solid lawyer who is honest and works to insure the best possible outcome for her client is achieved.”