Pemberton Restraining Orders Attorney
Highly Skilled and Experienced Restraining Order Defense Attorney in Pemberton, NJ Fights on Behalf of Clients Facing Restraining Orders in Burlington County and All Localities in New Jersey
Restraining orders can have a severe effect on your life and your ability to get a job. When a restraining order is filed against you in Pemberton, 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 Pemberton in relation to allegations of domestic violence and/or threats of violence. If you have been charged with domestic violence in Pemberton, you need a skilled and savvy Pemberton restraining orders attorney 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 Pemberton restraining orders attorney who works tirelessly on behalf of all of her clients.
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.
Overview of the Types of Domestic Violence and Related Incidents That Can Serve as a Basis for Filing a Restraining Order
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 coercion N.J.S.A. 2C:13-5
- Sexual assault N.J.S.A. 2C:14-3
- Terroristic threats N.J.S.A. 2C:12-3
- Kidnapping N.J.S.A. 2C:13-1
- Trespassing N.J.S.A. 2C:18-3
- False imprisonment N.J.S.A. 2C:13-3
- Criminal sexual contact N.J.S.A. 2C:14-3
- Assault N.J.S.A. 2C:12-1
- Harassment N.J.S.A. 2C:33-4
- Stalking N.J.S.A. 2C:12-10
In most instances, when someone files a restraining order against you in a Pemberton court, 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.
Individuals Eligible to File a Restraining Order in Pemberton and Throughout NJ
There are certain statutory requirements in order to successfully file a restraining order in Pemberton. 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 Pemberton:
- Anyone expecting or currently sharing a child with you
- Spouse (current or former)
- Roommate (current or former)
- Boyfriend, girlfriend, or other significant other
Types of Restraining Orders in Pemberton – Important Information You Need to Know
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 Pemberton 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 Pemberton judge determines there is a continual need for lifelong protection for the victim, then a FRO may be filed.
General Overview of Final Restraining Order Hearings in Pemberton, NJ Courts
When a TRO is granted, a Superior Court Judge in Pemberton, 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 affected 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.
Violating a Pemberton Restraining Order Carries Significant Penalties
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.
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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!!!!
Take Action Today and Contact a Skilled Pemberton Restraining Orders Attorney
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 Pemberton restraining orders attorney to have your restraining order lifted. If you are in need of a Pemberton restraining orders 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 Pemberton, or in another locality in New Jersey, Michele Finizio can help.
About Pemberton, New Jersey
Pemberton Township, one of the 40 municipalities that make up Burlington County in the U.S. state of New Jersey, has over 30,000 citizens and occupies 64 square miles. Residential areas abound, including the historically significant Browns Mills and New Lisbon, Birmingham, Country Lakes, and Presidential Lakes.
Fort Dix, a military installation of the United States Army that was initially built during World War I and subsequently expanded and modernized for use during World War II, may be found within the boundaries of the Township.
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
Frequently Asked Questions About Restraining Orders in Pemberton, NJ
In New Jersey, final restraining orders are irrevocable and are recorded in background checks. Criminal law does not apply to restraining orders. Restraining orders issued in New Jersey cannot be expunged since expungement only pertains to criminal records. You may be eligible for relief similar to expungement. If you were found guilty of disobeying a restraining order, you might also be able to have your criminal record erased.
If a final restraining order was issued against you, you have the right to immediately appeal the decision in attempt to have it reversed and the case dismissed. Defendants are eligible to request relief akin to expungement if the final restraining order is overturned on appeal. You might be able to overturn a long-standing final order if you can get an experienced Pemberton restraining orders lawyer to persuade the judge that your circumstances have altered.
Even if problems could arise, a restraining order shouldn’t make it impossible for you to keep your job. Usually, a background check turns up with no restraining orders. It’s possible that a final restraining order involving civil court records will become public. The police will take a photo of the defendant and collect fingerprints once a judge issues a final restraining order (FRO) so that the information can be entered to the state’s Domestic Violence Central Registry. All restraining orders, both temporary and permanent, are listed in this open database. Even if it was merely a temporary restraining order that expired without a final order being filed, any employer who searches the domestic violence registry will learn about your restraining order.