Restraining Order Lawyer in Gloucester Township, NJ
Skilled and Experienced Criminal Defense Lawyer Advocates Tirelessly for Clients Confronting a Restraining Order in Gloucester Township and Throughout New Jersey
Victims of domestic violence and abuse who are seeking protection can file a restraining order against their abuser in the state of New Jersey. By doing so, an individual can prevent the accused from contacting them or visiting them in places like home or at school and can stop them from pursuing other forms of contact including phone calls, texts, and email. A restraining order can also prevent the abuser from contacting other parties with whom the victim has a close relationship, such as friends, family, and children. While restraining orders are important for victims to be free of abuse, they can also, unfortunately, be misused. It is not uncommon for people in strenuous family situations to seek the protection of a restraining order for situations that do not warrant one. Serious consequences can result for the parental and legal rights of an unjustly accused individual when restraining orders are thrown around haphazardly.
At the Law Offices of Michele Finizio, we have extensive experience handling restraining order cases in Gloucester Township and throughout the state of New Jersey. Whether you have been wrongly served with a temporary restraining order, or need a hand protecting your rights and future during a Final Restraining Order hearing, experienced criminal defense attorney Michele Finizio is ready to provide you with effective legal defense throughout the restraining order process.
When is a Restraining Order Typically Filed in Gloucester Township, NJ?
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:
- Coercive behavior
- Illegal restraint
- Stalking Someone
- False imprisonment
Once a restraining order has been filed against you, a Superior Court Judge will then be required to review the facts surrounding your case in order to determine whether a more permanent solution is required. For instance, you could be looking at a final restraining order in place of a temporary one. If this is the case, you should have a qualified attorney representing you at court, as the consequences of a restraining order can affect not only your personal life but your professional and academic life as well.
Not Just Anyone Can File a Restraining Order in Gloucester Township
There are certain statutory requirements in order to successfully file a restraining order in Gloucester Township. 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 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.
According to N.J.S.A. 2C:25-17, the following individuals are eligible to file a restraining order in Gloucester Township:
- Former Spouse
- Current Spouse
- Roommate (current or former)
- Boyfriend, girlfriend, or other significant other
- Anyone expecting or currently sharing a child with you
Important Information About the Two Types of Restraining Orders in NJ
Many people mistakenly believe that there is a single type of restraining order that can be filed. This is not the case in New Jersey. In fact, there are two distinct types of restraining orders that can be filed against you:
- Temporary Restraining Order (TRO) – When an alleged act of domestic violence occurs and a judge in Gloucester Township 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 Township judge determines there is a continual need for lifelong protection for the victim, then a FRO may be filed.
While temporary restraining orders are granted with little to none factual evidence presented in order to provide immediate relief for domestic violence victims, courts understand the extremely serious implications a final restraining order will have on the accused party, and as such carefully consider all testimony and evidence presented. Whether you are the victim of abuse and need legal protection, or you are the victim of an angry and vindictive spouse or ex-spouse filing a restraining order against you, having legal representation during the FRO process is extremely important. Your Ocean County restraining order attorney can help you gather and present compelling evidence for your case, cross-examine and counter-evidence presented against you, and help you to present the most compelling and factually-supported case possible.
Overview of Final Restraining Order Hearings in Gloucester Township, NJ Courts
When a TRO is granted, a Superior Court Judge in Gloucester Township, 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 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.
Serious Penalties Associated with Violating a Gloucester Township 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.
Were You Served with a Restraining Order? Take Action and Contact a Skilled Gloucester Township Criminal Defense Lawyer with a Background in Representing Clients Confronting Restraining Orders
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 Township 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 Gloucester Township, 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.