There are many reasons that a restraining order may be issued by a New Jersey Criminal Court. A common reason is that a person has been accused of a violent or dangerous act against a member of their family. Simply being accused of these crimes is serious enough.
To make matters more severe, when bail is granted, a temporary restraining order is often issued preventing the accused person from contacting the alleged victim.
If a person is convicted of the underlying domestic violence charge, that crime will remain on their criminal record. In addition, the attached restraining order may become final.
A New Jersey restraining order lawyer can help people, protect their legal rights on the criminal charges, and will work to contest any restraining order. If you have been served with a restraining order, get in touch with a
domestic violence lawyerwho will fight for you.
New Jersey Law Concerning Domestic ViolenceIn 1994, New Jersey enacted NJ Statute 2C:25, The Prevention of Domestic Violence Act of 1990. This law outlines the rules concerning the protection of victims of domestic violence. Domestic violence is defined by section 19 as including:
When a defendant is accused of any of these crimes, the alleged victim is granted the right to apply for a restraining order against the accused. Our New Jersey restraining order attorneys can represent you for both the underlying criminal charge as well as contesting any accompanying restraining order.
Restraining Orders in New JerseyWhen a person is charged with a domestic violence crime, the court initiates a special procedure that permits the alleged victim to seek a temporary restraining order (TRO) against the accused under section 26 of the act. Conditions of this TRO can include that the defendant be prohibited from:
Within 10 days of the filing of criminal charges, a hearing will be held to determine if the TRO should become a final restraining order.
This hearing will consider evidence of the alleged incident and will determine important issues including possession of any house, contact with minor children, monetary compensation, and possession of personal property.
A New Jersey restraining order lawyer can represent clients at these hearings and fight for their clients’ property, family, and freedom.
Violations of Restraining OrdersA temporary restraining order requires that the defendant follow all its provisions. Any violation of such an order is considered to be contempt of court. NJ Statute 2C:29-9 defines contempt of court as a 4th-degree crime in New Jersey when the restraining order was issued as a result of a domestic violence charge.
A conviction for contempt can result in a maximum penalty of 18 months in jail under NJ Statute 2C:43-6. In addition, a new charge of contempt will likely violate a person’s bail conditions.
Contact a New Jersey Restraining Order AttorneyBeing charged with a domestic violence crime is a very serious matter. On top of the criminal allegations that range from assault to stalking, many of these cases result in a temporary restraining order being issued against the defendant. While this temporary order concerns the safety of the victim and their family, this order can become permanent.
Only 10 days after a temporary order is issued, a hearing is held that can significantly impact a person’s financial future, family life, and freedom of movement.
A New Jersey restraining order lawyer can work to not only defend people accused of a domestic violence offense but also can prevent a temporary restraining order from becoming permanent. Time is of the essence in these matters, so be proactive and get in contact with a lawyer who can help.