Restraining Order Attorney Maple Shade, NJ
Highly Skilled and Aggressive Criminal Defense Lawyer Represents Clients Facing Restraining Orders in Maple Shade and All Other Localities in New Jersey
A restraining order is something you need to take very seriously. Why? A restraining order can impair various facets of your life, including your personal life, reputation and even your ability to get a full-time job. When a restraining order is filed against you in Maple Shade, it means you are prohibited from contacting the person who sought the restraining order. In addition, a restraining order may result in you facing criminal charges affiliated with the restraining order. Restraining orders are sometimes filed in Maple Shade in relation to domestic violence and/or threats of violence. If you have been charged with domestic violence in Maple Shade, you need a skilled and savvy lawyer with a strong understanding of New Jersey law and experience with restraining orders. This is why you need to contact the Maple Shade restraining order attorney Michele Finizio. Take action now and contact her office for a free, confidential consultation.
Examples of Domestic Violence and Similar Incidents That Routinely Undergird a Restraining Order in Maple Shade
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:
- Criminal trespass
- Criminal coercion
- Terroristic threats
- Sexual assault
In most instances, when someone files a restraining order against you in a Maple Shade 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 Individuals Able to File a Restraining Order in Maple Shade
There are certain statutory requirements in order to successfully file a restraining order in Maple Shade. 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.
Under N.J.S.A. 2C:25-17, the following individuals are eligible to file a restraining order in Maple Shade:
- Current spouse
- Former spouse
- Current boyfriend
- Former boyfriend
- Current girlfriend
- Former girlfriend
- Current roommate
- Former roommate
- Anyone who is expecting or currently sharing a child with you
Two Types of Restraining Orders in New Jersey
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 Maple Shade 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 Maple Shade judge determines there is a continual need for lifelong protection for the victim, then a FRO may be filed.
Summary of How Final Restraining Order Hearings Work in Maple Shade, NJ Courts
When a TRO is granted, a Maple Shade Superior Court judge coordinates 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 granted. 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.
Why You Should Never Violate a Restraining Order in Maple Shade
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.
Speak to a Skilled Restraining Order Lawyer in Maple Shade, New Jersey
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 Maple Shade 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 Maple Shade, 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.