Restraining Order Lawyer in Winslow, NJ
Skilled and Capable Criminal Defense Lawyer Advocates for Clients Facing Restraining Orders in Winslow 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 aspects 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 Winslow, NJ you are often prohibited from contacting the person who sought the restraining order against you in the first place. A restraining order can result in you facing additional criminal charges based on what is contained in the restraining order itself. Restraining orders are often filed in relation to allegations of domestic violence and/or threats of violence. If you have been charged with domestic violence in Winslow, NJ you need a qualified attorney with a strong background in representing clients who have been faced with a restraining order. Experienced restraining order attorney Michele Finizio will work tirelessly on behalf of all of her clients. Contact her office for a free, confidential consultation.
Overview of the Common Types of Domestic Violence and Similar Incidents That are Cited when Filing of a Restraining Order in Winslow
Restraining orders are often filed after certain types of domestic violence and related incidents. According to N.J.S.A. 2C:25-17, these incidents include:
- Sexual assault
- False imprisonment
- Criminal coercion
- Terroristic threats
When someone files a restraining order against you in a Winslow court, or a court elsewhere in New Jersey, a Superior Court Judge will attempt to determine whether the individual who filed the order was a victim or target of domestic violence.
Who are the Individuals Allowed to File a Restraining Order in Winslow?
There are certain statutory requirements that need to be met in order to successfully file a restraining order in Winslow and throughout NJ. For instance, the individual filing the order must either be considered an emancipated minor or must be at least 18 years of age. The victim is also 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 Winslow:
- Anyone who is expecting a child with you
- Anyone currently sharing a child with you
- Current or former spouse
- Current or former roommate
- Current or former boyfriend
- Current or former girlfriend
Two Types of Restraining Orders That Can Be Filed in NJ Courts
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 types of restraining orders that can be filed:
- Temporary Restraining Order (TRO) – A TRO is typically filed when an alleged act of domestic violence occurs and a judge believes there is an immediate need of protection for the victim.
- Final Restraining Order (FRO) – An FRO may be filed when a judge determines there is a continual need for lifelong protection for the victim.
Summary of What Usually Takes Place During a Final Restraining Order Hearing in Winslow, NJ Courts
After a TRO is granted, a Superior Court judge will then schedule a date to assess the victim’s continuing need for protection at a FRO hearing. This hearing is typically set approximately ten 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 scrutinized. The judge will also examine the implications of a restraining order against the defendant by considering a multitude of factors, including (i) shared possession of banking accounts, (ii) shared possession of property, and (iii) whether a couple shares custody of minor children. All of these areas of your life could be affected if you have a FRO filed against you.
Immediately following the FRO hearing, the judge will determine to what extent the alleged actions of the defendant impacted the victim. The judge will also decide whether they will need to swear by an affidavit (or sworn testimony) in admission to the fact that the actions they are alleging actually took place. Additionally, in order to prevent the victim from enduring further acts of violence or threats of violence, the judge will determine whether it is necessary to have an order of protection in place.
Serious Criminal Penalties Associated with Violating the Terms of a Restraining Order in Winslow
It is important to remember that you could be charged with contempt if you violate the restraining order. This is a fourth-degree crime which carries up to 18 months imprisonment. You cannot have any sort of contact with the victim, regardless of the context, if a FRO has been entered against you. If you violate the terms, you could be charged with a crime and be forced to face the consequences of your actions.
Now is the Time to Contact an Experienced Restraining Order Attorney in Winslow, NJ
The process of filing a restraining order features numerous steps which can be overwhelming. Additionally, facing criminal charges for domestic violence can carry severe and potentially life-altering ramifications that nobody wants to face. This is why you need the experienced legal assistance of trusted criminal defense lawyer Michele Finizio. She understands that her clients are often facing serious allegations and charges that can be detrimental to their life. She has dedicated her career to criminal law and stands ready to fight for you. If you reside in Winslow 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 for a free consultation.