Restraining Order Lawyer Voorhees, NJ
Skilled and Aggressive Criminal Defense Lawyer Advocates on Behalf of Clients Dealing With Restraining Orders in Voorhees and All Other Localities in New Jersey
A restraining order is something that can be very damaging to your reputation and impact your ability to either keep or get a new job. When a restraining order is filed against you in Voorhees, 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 depending on the allegations in the restraining order. Restraining orders are often filed in Voorhees in relation to allegations of domestic violence and/or threats of violence. If you have been charged with domestic violence in Voorhees, 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 the Vorhees restraining order attorney Michele Finizio. Contact her office for a free, confidential consultation.
Examples of Domestic Violence and Similar Incidents That Regularly Support the Filing of a Restraining Order in Voorhees
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:
- Terroristic threats
- Criminal sexual contact
- Sexual assault
When someone files a restraining order against you, a judge will determine whether the conduct purported by the plaintiff, or victim, is true based on the facts presented in discovery materials. Depending on what is proven with said materials, a restraining order could be filed against you.
Who are the People Who Can File a Restraining Order in Voorhees?
There are statutory requirements in order to successfully file a restraining order in Voorhees and other courts. The individual filing the order must be at least 18 years old or is an emancipated minor. The victim is required to swear either by an affidavit or by testimony that the alleged acts occurred and that in doing so it would prevent them from enduring further violence, or threats of violence.
Under N.J.S.A. 2C:25-17, some examples of those who are able to file a restraining order in Voorhees include:
- Current or former spouse
- Anyone who is expecting a child with you
- Anyone currently sharing a child with you
- Current or former roommate
- Current or former boyfriend
- Current or former girlfriend
Types of Restraining Orders That Can Be Filed in New Jersey Courts
Unbeknownst to the general public, there is more than one type of restraining order in New Jersey ruling. The two distinct types of restraining orders that can be filed against you in Voorhees and other courts are…
- Temporary Restraining Order (TRO) – When an alleged act of domestic violence occurs and a judge 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 judge in Voorhees, and other NJ Courts, determines there is a continual need for lifelong protection for the victim, then a FRO may be filed
Synopsis of What Typically Takes Place During a Final Restraining Order Hearing in Court in Voorhees, NJ
In the instance a TRO is granted, the next court appearance will be a FRO hearing in which the judge determines whether this permanent restraining order would prevent continuing violence. These hearings typically take place around 10 days out from the issuance of the TRO. The FRO hearing consists of the judge thoroughly vetting the acts of domestic violence alleged by the victim and the implications of a restraining order against the defendant. Often, the judge will consider various critical factors in determining the final details of the FRO. These include shared custody of minor children and shared possession of property (i.e. a vehicle, a residence, bank accounts, etc.). If you have a FRO filed against you there will most likely be major negative impacts on aspects such as these.
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.
Never Violate the Terms of a Restraining Order in Voorhees
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.
Take Action and Contact an Experienced Restraining Order Lawyer in Voorhees, NJ
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 Voorhees 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 Voorhees, 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.