Blog

Looming Changes to Restraining Order Criteria

Posted by Joseph D. Lento | Aug 20, 2022 | 0 Comments

In New Jersey, restraining orders have long been a domestic matter. The laws were created with the intent to limit harassment — but only if the harasser is somebody the accuser knows. Those who feel threatened by the presence of a stranger have had few legal solutions at their disposal.

Until now.

New Jersey Senator Jon Bramnick has proposed a bipartisan-backed billthat would relax the state's restrictions on restraining orders and allow them to be issued for non-domestic situations. Social media and dating sites have made it increasingly normal to be harassed and stalked by strangers, and the bill is a well-intentioned move to create safer processes for those victims (mostly women). However, it may create some complications for those accused.

Before Vs. After

Most restraining orders are processed civilly without any criminal charges attached. Those come afterward, if the order is violated. An order can be issued for many reasons but is usually authorized in tandem with domestic violence or sexual abuse accusations. In these situations, the accused is always someone who the victim has a prior relationship with (i.e., an ex, a roommate, etc.).

If the accused is a stranger — not uncommon in stalking cases — the path to a restraining order is more complicated. Without any prior relationship, there must be criminal charges filed before an order can be issued.

Bramnick's bill attempts to change that. If it passes (a likely result due to support from both sides of the political aisle), criminal charges will no longer be a requirement. This is a huge move. The standard of proof is much higher in criminal cases than in civil ones, meaning we will likely see a sizable increase in the amount of restraining orders filed against strangers that might normally not have met the criminal threshold.

What Does It Mean for the Accused?

From a defensive perspective, allowing restraining orders to be easily issued against strangers does open the door for potential abuses of the system. An order can be issued based solely on testimony from the accuser as long as the judge believes there's a reasonable chance that harassment or stalking has occurred. If you cause a stranger to feel threatened — even unintentionally — you might find yourself being served.

While it would still remain a civil matter, there are repercussions of restraining orders beyond fines and jail time. Depending on the terms of the order, you may have to avoid your favorite restaurants or walking routes, relinquish your firearms, or even move. It goes without saying that a violation of the order, no matter how innocent, could bring serious criminal charges.

The Lento Law Firm Can Help

Joseph D. Lento is a top New Jersey defense attorney and an expert in these types of cases. If you have been served a restraining order for stalking or harassing a stranger, regardless of its truthfulness, you need somebody in your corner.

Call Attorney Lento and his team at 888-535-3686 or reach out online to discuss your case.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in New Jersey as well as Pennsylvania and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in New Jersey, Pennsylvania, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

​​​Contact The Lento Law Firm Today

footer-2.jpg

When it comes to criminal defense cases, you need the right person in your corner. To learn more about how Mr. Lento can help you, call the Lento Law Firm today at 888-535-3686. or contact him online.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu