Oaklyn Restraining Orders Attorney
Highly Skilled and Experienced Restraining Order Defense Attorney in Oaklyn, NJ Fights on Behalf of Clients Facing Restraining Orders in Camden County and All Localities in New Jersey
A restraining order can impact 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 Oaklyn, it means you are prohibited from contacting the person who sought the restraining order. In addition, a restraining order may result in you facing additional criminal charges affiliated with the restraining order. Restraining orders are often filed in Oaklyn in relation to allegations of domestic violence and/or threats of violence. If you have been charged with domestic violence in Oaklyn, you need a skilled and savvy lawyer with a strong understanding of New Jersey law and experience representing clients who are the subject of a restraining order. This is why you need to contact Michele Finizio. She is a top-notch Oaklyn restraining order attorney who works tirelessly on behalf of all of her clients. Take action now and contact her office for a free, confidential consultation.
Facing A Restraining Order And Have Questions? We Can Help. Contact The Law Offices of Michele Finizio Today At 856-888-9059 Or Fill Our Our Convenient Online Contact Form For A Free Consultation About Your Case.
Restraining Orders in Oaklyn, NJ Typically Filed Following Alleged Incidents of Domestic Violence
There are certain types of domestic violence and related incidents that typically precipitate the filing of a restraining order. These incidents, codified in N.J.S.A. 2C:25-17, include:
- Assault N.J.S.A. 2C:12-1
- Burglary N.J.S.A. 2C:18-2
- Illegal restraint N.J.S.A. 2C:13-2a
- Lewdness N.J.S.A. 2C:14-4
- Stalking N.J.S.A. 2C:12-10
- Criminal trespass N.J.S.A. 2C:18-3
- Harassment N.J.S.A. 2C:33-4
In most instances, when someone files a restraining order against you in a Oaklyn court, or a court elsewhere in New Jersey, a Superior Court Judge will attempt to 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.
I can honestly say that I am 100% satisfied with the outcome of my case. Michael handled my case very well. I would definitely recommend her to anyone who needs help with any court issues.
Very realistic and professional. Great with communication and prompt with follow ups. Flexible with availability, responds to both texts and phone calls. I was very happy with the service I received.
Michele is an amazing attorney. She goes above and beyond to help. She answers her phone at all times of the day and is eager to get you the answers and give you the advice and representation you need. Don’t hesitate to use her services!!!!
Who is Legally Authorized to File a Restraining Order in Oaklyn?
There are certain statutory requirements in order to successfully file a restraining order in Oaklyn. 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 Oaklyn:
- Spouse (current or former)
- Roommate (current or former)
- Boyfriend, girlfriend, or other significant other
- Anyone expecting or currently sharing a child with you
Understanding Important Distinctions Between the Two Types of Restraining Orders in NJ
There are two distinct types of restraining orders that can be filed in Oaklyn courts. Here is a general overview of both:
1. Temporary Restraining Order (TRO) – When an alleged act of domestic violence occurs and a judge in Oaklyn believes there is an immediate need for protection to prevent further bodily harm to the victim, then a TRO is typically filed.
2. Final Restraining Order (FRO) – When a Oaklyn judge determines there is a continual need for lifelong protection for the victim, then a FRO may be filed.
Overview of Final Restraining Order Hearings in Oaklyn, NJ Courts
When a TRO is granted, a Superior Court Judge in Oaklyn, 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.
Why You Should Never Violate an Oaklyn 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.
Restraining Order Defense Locations Served
- Atlantic County Restraining Order Defense
- Burlington County Restraining Order Defense
- Bordentown Restraining Order Defense
- Delran Restraining Order Defense
- Evesham Restraining Order Defense
- Mansfield Restraining Order Defense
- Maple Shade Restraining Order Defense
- Medford Restraining Order Defense
- Moorestown Restraining Order Defense
- Mount Laurel Restraining Order Defense
- Palmyra Restraining Order Defense
- Pemberton Restraining Order Defense
- Westampton Restraining Order Defense
- Or any other city or township within Burlington County
- Camden County Restraining Order Defense
- Gloucester City Restraining Order Defense
- Gloucester Township Restraining Order Defense
- Oaklyn Restraining Order Defense
- Voorhees Restraining Order Defense
- Winslow Restraining Order Defense
- Or any other city or township within Camden County
- Gloucester County Restraining Order Defense
- Deptford Township Restraining Order Defense
- Or any other city or township within Gloucester County
- Mercer County Restraining Order Defense
- Hamilton Restraining Order Defense
- Or any other city or township within Mercer County
Contact an Experienced Oaklyn Criminal Defense Attorney with a Background in Assisting Clients Confronting a Restraining Order
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 Oaklyn 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 Oaklyn, 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.