Restraining Orders (ROs) are a powerful tool for alleged domestic or sexual assault victims. ROs are powerful enough to stand without a separate criminal case. When a RO is granted or denied, the history of that case can affect future cases, which can sway the judge's opinion on certain issues such as bond. If you are facing a RO and have a prior history, then it is important to speak to an experienced attorney right away.
Sussex County Man Facing Rape Charges for a Second Time
Here, a Sussex County man is facing rape charges again after previously being charged with rape in 2017 in a case that caused a falling-out between the New Jersey State Police and Sussex County Prosecutors when the police took the alleged victim's statement straight to the judge for an arrest warrant without first consulting or even mentioning the case to the Sussex County Prosecutor's Office. This infuriated prosecutors, especially because there were legal issues regarding the admissibility of purported evidence gained by the state police. The case resulted in criminal rape charges that were later dismissed by prosecutors.
How a Prior History of Restraining Orders Can Affect a Current Case
In the current rape case, the presiding judge has ordered the defendant to remain in custody, finding that he is an ongoing threat to the alleged victim. The judge based much of his finding on the defendant's prior rape allegation and a March 2017 RO granted against him filed by a former girlfriend. The defendant's attorney has noted that the defendant had secured a RO against the alleged victim several years ago and further stated that she has the basis for making false accusations due to her alleged threats that she would accuse him of rape in the past. While dismissed cases are not generally considered in current criminal cases or ROs, judges can use prior alleged conduct in determining bond or in deciding whether to grant a RO against the defendant. In the case discussed above, the defendant has his previous rape charges dismissed by the prosecutor and had even previously obtained a RO against the alleged victim and was still remanded into custody pending further proceedings because the judge was “clearly convinced” that he was a threat to the alleged victim. If you have legal questions about how a prior restraining order case can affect you, call us at the Lento Law Firm so we can help!
Why Hiring the Lento Law Firm is the Right Choice
If you are facing a restraining order or criminal case, then it is important to speak to an experienced attorney immediately. Attorney Joseph D. Lento has helped people across New Jersey fight their cases and overcome false allegations. Call the Lento Law Firm today at 888-535-3686 to learn why hiring Attorney Lento and his team are the right choice to defend you.