Temporary Restraining Order Lawyer Palmyra, NJ
Highly Skilled and Experienced Criminal Defense Attorney Fights on Behalf of Clients Facing Temporary Restraining Orders in Palmyra and All Other Localities in New Jersey
Your personal life, reputation and even your ability to get a full-time job can all be negatively affected by a restraining order. When a temporary restraining order is filed against you, you are prohibited from contacting the person who sought the temporary restraining order. In addition, a temporary restraining order may result in you facing additional criminal charges affiliated with the temporary restraining order. Temporary restraining orders are often filed in Palmyra in relation to allegations of domestic violence and/or threats of violence. If you have been charged with domestic violence in Palmyra, 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 temporary restraining order. This is why you need to contact Michele Finizio. She is a top-notch Palmyra restraining order attorney who works tirelessly and aggressively on behalf of all of her clients. Take action now and contact her office for a free, confidential consultation.
Types of Incidents Lead to the Filing of a Temporary Restraining Order
Temporary restraining orders are typically filed after certain types of domestic violence and related incidents. These incidents, according to N.J.S.A. 2C:25-17, include:
- Illegal restraint
- Robbing Someone
- False imprisonment
- Criminally coercive behavior
In most instances, when someone files a temporary restraining order against you, a Superior Court judge will attempt to determine whether the alleged actions underlying the temporary restraining order are accurate and the individual who filed the order was a victim or target of domestic violence.
Individuals Who are Able to File a Temporary Restraining Order in Palmyra
There are certain statutory requirements in order to successfully file a temporary restraining order in Palmyra. For instance, 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 temporary restraining order in Palmyra:
- Anyone expecting a child with you
- Anyone currently sharing a child with you
- Roommate (current or former)
- Former spouse
- Current spouse
Temporary Restraining Orders Only Half of the Legal Puzzle in New Jersey
Many people mistakenly believe that there is a single type of restraining order that can be filed in court. There are two distinct types of restraining orders that can be filed against you. The first is a Temporary Restraining Order (TRO). Typically, a TRO is filed when an alleged act of domestic violence occurs and a judge in Palmyra believes there is an immediate need for protection to prevent further bodily harm to the victim.
In addition to a TRO, a court can enter a Final Temporary restraining order (FRO). Typically, a FRO is filed when a judge determines there is a continual need for lifelong protection for the victim.
Summary of How Final Restraining Order Hearings Work in Palmyra, NJ Courts
When a TRO is granted, a judge 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 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 Temporary Restraining Order in Palmyra
If you violate the temporary 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.
Take Action and Contact an Experienced and Skilled Temporary Restraining Order Lawyer in Palmyra, NJ
As you can tell, the process of filing a temporary 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 Palmyra to have your temporary 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 Palmyra, 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.