Restraining Order Lawyer in Hamilton Township, NJ
Experienced and Aggressive Criminal Defense Attorney Advocates on Behalf of Clients Facing Restraining Orders in Hamilton Township and All Other Localities in NJ
A restraining order can have very serious consequences and can have a devastating impact on your life. When a restraining order is filed against you, it means you are prohibited from having any contact with the person who filed. Unfortunately, a restraining order may also result in additional criminal charges. In Hamilton Township and throughout New Jersey, restraining orders are often filed in relation to allegations of domestic violence and/or threats of violence. If you have been charged with domestic violence or if a restraining order has been filed against you in Hamilton Township, you should seek the skill and experience of a qualified attorney who has a strong understanding of New Jersey law and who has represented clients who have been the subject of a restraining order. If this situation applies to you, you should contact The Law Office of Michele Finizio as soon as possible. Michelle Finizio is a top-notch Hamilton Township restraining order attorney who works tirelessly on behalf of all of her clients. Contact her office today for a free consultation in regards to your restraining order or domestic violence case.
Overview of the Various Types of Domestic Violence and Related Incidents That are Typically Cited when Filing of a Restraining Order in Hamilton Township
Restraining orders are often filed after certain types of domestic violence and related incidents occur. These incidents, according to N.J.S.A. 2C:25-17, include:
- Criminal sexual contact
- Terroristic threats
- False imprisonment
In most instances, when someone files a restraining order against you, a judge determines whether the alleged actions underlying the restraining order are accurate.
Individuals Typically Allowed to File a Restraining Order in Hamilton Township
Under N.J.S.A. 2C:25-17, the following individuals are eligible to file a restraining order in Hamilton Township:
- A current or former spouse
- Anyone who is expecting a child with you
- Anyone currently sharing a child with you
- A current or former roommate
- A current or former girlfriend
- A current or former boyfriend
In order to successfully file a restraining order in Hamilton Township and throughout NJ, there are a number of requirements that must be met. For instance, the victim is required to swear that the acts he or she are alleging actually occurred and that it is necessary to have an order of protection in place for his or her safety. Additionally, the individual filing the order must be at least 18 years old or considered to be an emancipated minor.
The Two Types of Restraining Orders That Can Be Filed in New Jersey Courts – An Overview
There are two types of restraining orders that can be filed:
- Temporary Restraining Order (TRO) – A temporary restraining order may be put into place due to either a single incident, like simple assault or a pattern of behavior, like stalking. If the police are called to respond to a domestic violence incident, then the victim or the law enforcement officers may file for a restraining order. Alternately, a restraining order may be filed by the victim at their local police department.
- Final Restraining Order (FRO) – A temporary restraining order is just as it sounds (temporary), which means that after ten days, the court must hold a restraining order hearing where a judge determines whether there is a continual need for lifelong protection for the victim. If this is determined to be the case, then a FRO may be filed. If a final restraining order is issued, then the defendant will be prohibited from having any contact with the victim moving forward.
What Usually Takes Place in Hamilton Township, NJ Courts During a Final Restraining Order Hearing
At the FRO hearing, a judge will determine whether there is a need for further protection beyond the initial TRO that was granted. After the TRO is entered by the judge, there are about 10 days following these initial proceedings when the FRO hearing is typically scheduled. During this hearing, 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. Additionally, the judge will carefully examine the implications of a restraining order against the defendant, as well as the alleged acts of domestic violence that the defendant is accused of. If a FRO is, in fact, filed against you, there are a number of consequences you can expect to face.
After the FRO hearing, the judge is required to determine whether the alleged actions affected the victim and whether they will need to swear either by an affidavit or sworn testimony that the acts took 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 Hamilton Township
Violating the restraining order is a fourth-degree crime which carries up to 18 months of incarceration in a New Jersey State Prison if you are convicted and charged with contempt.
If a 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.
Now is the Time to Take Action and Contact a Skilled Restraining Order Lawyer in Hamilton Township, New Jersey
As you can tell, the process of filing a restraining order features numerous moving parts and it can be overwhelming and frightening. As mentioned, facing criminal charges for domestic violence can carry severe and potentially life-altering ramifications. This is why you need the experienced legal assistance of a trusted criminal defense lawyer in Hamilton 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 lives and future opportunities. She stands ready to fight for you. If you reside in Hamilton 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 contact form.