If you have obtained your dental license, then you already know the time, effort, and sacrifices necessary to become a licensed dentist. Your license is temporary in nature and must be periodically renewed by the state. Being granted your license to practice comes with several personal and professional responsibilities. Failing to adhere to these responsibilities can lead to the suspension, revocation, or other disciplines of your dental license. If you are a dentist who is facing a restraining order, then it is important to speak to an experienced criminal defense attorney right away.
What Is a Restraining Order?
A restraining order (RO) is a protective order that can be granted by a court to protect an individual from another individual. When a judge grants a restraining order, then it will come with many restrictions. These restrictions can prohibit the defendant from many actions. No contact orders are common, along with prohibitions against going to the petitioner's workplace, school, or residence. If you live with the petitioner, then you can be forced to move out of your home if a restraining order is granted.
What Are the Legal Reasons to Grant a Restraining Order?
Restraining orders are available in specific scenarios where the court can offer protection to an alleged victim of various types of domestic violence and/or sexual assault.
The petitioner (the individual who wants the restraining order) must file a restraining order petition with their local county court. The petition must include information about the alleged incident, what type of relationship exists between the parties, and the answers to many questions listed for the court. A restraining order can be granted for the following accusations:
- Assault
- Harassment
- Stalking
- Sexual assault
- Threats
- Kidnapping
- False imprisonment
There are Two Types of Restraining Orders in New Jersey:
- Temporary Restraining Orders (TROs)
- Final Restraining Orders (FROs)
Temporary Restraining Orders
Temporary restraining orders (TROs) are the first type of court-issued protective orders that can be granted. Once a restraining order petition is filed requesting protection from the court, then the court will hold a hearing with the petitioner to determine if a TRO should be granted. Only the petitioner is allowed at this hearing, and the defendant will not know about it until after the TRO is granted.
If the TRO is granted, then the TRO will be served on the defendant by the local police. A TRO grants immediate orders while setting a court date within ten days to determine if the protections should be made permanent.
Final Restraining Orders (FROs)
Final restraining orders (FROs) are the permanent type of TROs. FROs are only granted after a full hearing takes place that includes both the petitioner and defendant. Relevant New Jersey law and court procedures govern these hearings. Both sides can be represented by counsel and can call witnesses to testify and present their cases.
Three main things must be proven at a FRO hearing for restrictions to be made permanent:
- The parties are in a qualified domestic relationship, or the case involves sexual assault or stalking
- The defendant more likely than not committed domestic violence or sexual assault as defined under New Jersey law
- Court protection is needed to ensure the safety of the petitioner
FROs can have a significant impact on someone's personal and professional life. You can be required to move, have your professional license affected, and even lose custody of your kids. If you are facing a restraining order, then make sure you have experienced counsel to help defend you.
What Are the New Jersey Laws that Govern Dental Licenses?
The New Jersey Board of Dentistry operates under specific state laws regarding licensing or discipline. The rules and regulations that the Board follows can be found within the New Jersey Administrative Code at Title 13, Chapter 30. These rules incorporate relevant New Jersey state law regarding licensing and describe the rules that all licensed New Jersey dentists are expected to follow.
How a Restraining Order Can Affect Your Dental License
If a FRO is granted, then it can have several effects on your dental license. It can start an investigation to determine if you have violated your responsibilities as a licensed dentist. You can be asked to provide a statement concerning your side of the story. The findings of this investigation can lead to professional misconduct charges, which can result in a suspension, revocation, or another form of discipline of your dental license.
Does a Restraining Order Appear on a Criminal Background Check?
No, a restraining order will not appear on a criminal background check because it is a civil order, not a criminal conviction. If you are accused of violating the terms of a restraining order, then you can face criminal charges, which will appear on a criminal background check. Even if a defendant in a restraining order case does not face criminal charges at any point in time, it is important to remember that a restraining order will appear in civil court records and in the Domestic Violence Central Registry if a final restraining order is granted. As such, the restraining order can cause issues in a dentist's professional and personal life due to the existence of such records. Make sure you direct any specific questions to an experienced attorney.
How An Attorney Can Help
An experienced attorney can help you understand how a restraining order can affect you specifically and can help design the most effective defense to avoid the consequences of a final order. FROs do not expire in New Jersey, so it is critical to have the appropriate defense if you are facing the potential of a restraining order. If you have legal questions, then call us so we can help!
Contact the Lento Law Firm Today
If you have questions about how a restraining order can affect you, then it is important that you speak to an experienced attorney. It is critical to understand how a restraining order can affect your state-issued dental license. The attorneys at the Lento Law Firm have the experience and knowledge to help. To learn why attorney Joseph D. Lento and the Lento Law Firm are the right choice, call us at 888-535-3686 or contact us online.
