A restraining order can significantly impact your life, affecting relationships, living arrangements, and your future. In Burlington County and across New Jersey, a restraining order can be issued without criminal charges, whether it's a Temporary Restraining Order (TRO), Sexual Assault Restraining Order (SARO), or a Final Restraining Order (FRO).
If you've been served with one, you don't have to face it alone. The Lento Law Firm offers skilled legal counsel to protect your rights and defend your case with a personalized strategy. Reach out to us at 888-535-3686, or contact us online to learn about your options.
Impact of the Pandemic on Domestic Violence Cases
Since the COVID-19 pandemic, domestic violence cases have surged across the country, including in Burlington County. Reports indicate that isolation, financial stress, and other pandemic-related factors have contributed to an alarming rise in abuse.
According to the National Domestic Violence Hotline - Impact of COVID-19., there was a significant increase in calls during the height of the pandemic, and this trend continues into 2023. The increase in cases has raised the risk of false accusations related to domestic violence or sexual assault.
Misunderstandings or harmful claims can result in restraining orders that can disrupt lives. It's vital to have skilled legal support to defend your rights and address false accusations.
How Restraining Orders Work in Burlington County, NJ
Restraining orders are legal orders designed to protect individuals from harm, harassment, or abuse. In Burlington County, like the rest of New Jersey, restraining orders are typically the result of domestic violence or sexual assault allegations. If you are facing a restraining order, it may be filed through the local police department or the Family Division of the Superior Court at the Burlington County Justice Center, located at 49 Rancocas Road in Mount Holly, NJ.
Immediate Action and Legal Representation
Once you are served with a restraining order, it's important to understand the urgency of your situation. The order can restrict your movement, contact with the plaintiff, and even force you to find a new place to live. If a TRO has been issued against you, a final hearing for a FRO is typically scheduled within 10 days of the TRO's issuance.
The Lento Law Firm strongly advises seeking legal representation as soon as you learn of the TRO or restraining order. Working with an experienced attorney using the Lento Law Firm can make a big difference in your case's outcome. They will help you understand New Jersey's legal processes, ensure all necessary documents are submitted correctly, and present your side effectively.
Types of Restraining Orders in Burlington County
In New Jersey, there are three main types of restraining orders that may be issued: Temporary Restraining Orders, Sexual Assault Restraining Orders, and Final Restraining Orders. Knowing the different types of orders and how they can affect your life is very important if you are in this situation.
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Temporary Restraining Orders
A TRO provides immediate protection, usually for up to 10 days, in cases of domestic violence or sexual assault. It prohibits contact with the plaintiff and may restrict certain behaviors until a final hearing. -
Sexual Assault Restraining Orders (SARO)
Issued under the New Jersey Sexual Assault Survivor Protection Act (SASPA), SAROs offer enhanced protection for sexual assault victims, preventing harassment, stalking, or further violence with stricter provisions than a standard TRO. -
Final Restraining Orders (FRO)
A FRO is a permanent order issued after a hearing. If the plaintiff's case is valid, the FRO remains indefinitely, restricting contact and potentially leading to criminal penalties for violations, including the surrender of firearms.
What Actions Does a Restraining Order Prohibit in Burlington County?
Restraining orders in Burlington County can come with a variety of provisions depending on the circumstances of the case. Some common restrictions include the following:
- Prohibition of Contact: The defendant may be prohibited from making any direct or indirect contact with the plaintiff, including phone calls, texts, emails, and social media messages.
- No-Contact Zones: The defendant may be required to stay a certain distance away from the plaintiff's home, workplace, or other places they frequent. This provision can also apply to other locations where the plaintiff might be found.
- Custody and Support Orders: If the defendant and plaintiff share children, the court may grant temporary custody to the plaintiff. The defendant could be asked to provide financial assistance, which may include child support payments or paying for housing and utility expenses.
- Firearms Restrictions: If the defendant owns or possesses firearms, a restraining order will generally prohibit the defendant from possessing or acquiring firearms.
- Counseling or Therapy: In some cases, the court may require the defendant to undergo counseling, anger management therapy, or other programs designed to address the behaviors that led to the restraining order.
Sexual Assault Restraining Orders
For cases of sexual assault, additional provisions may be included to prevent future acts of sexual violence or harassment. This may include a more strict no-contact order, a restriction on entering places the plaintiff frequents (like work or school), and other measures meant to protect the plaintiff from future harm.
Consequences of Violating a Restraining Order in Burlington County
Violating a restraining order in New Jersey is a serious matter. Though restraining orders themselves are civil actions, any violation of the order is considered criminal contempt of court. This means that even a minor violation, such as sending a text message or showing up at a prohibited location, can lead to criminal charges.
Penalties for violating a restraining order can be severe. If you are found guilty of violating a TRO, SARO, or FRO, you may face the following consequences:
- Arrest and Prosecution: Law enforcement is required to arrest the defendant if they violate the terms of the restraining order. Once arrested, the defendant will face criminal prosecution, and the case may result in fines or jail time.
- Criminal Record: Violating a restraining order can lead to a criminal conviction, which will show up on your criminal record. A criminal record can affect your job prospects, your ability to secure housing, and other aspects of your life.
- Increased Penalties for Repeated Violations: The penalties for violating a restraining order become more severe with each additional violation. For instance, the second violation may result in mandatory jail time, and subsequent violations may lead to longer sentences.
Do Restraining Orders Appear on a Criminal Record in Burlington County?
Restraining orders themselves do not appear on your criminal record, as they are civil violations. However, once an FRO is issued, the defendant's information — including fingerprints and photographs — will be entered into the Domestic Violence Central Registry, which is a public database.
This means that while a restraining order might not appear on your criminal record, it can still have a significant impact on your reputation, and it may show up in background checks conducted for things like employment or housing applications.
If you violate a restraining order, the violation will also be recorded on your criminal record. These violations can have long-term consequences, including fines, jail time, and a lasting criminal record that could affect many aspects of your life.
Burlington County Restraining Order Representation
Being served with a restraining order can feel like a life-changing event. The Lento Law Firm is here to protect your rights and guide you through New Jersey's legal system. Our experienced attorneys will fight for you at every step, working toward a resolution that minimizes the impact on your life.
Don't wait — contact us now to secure the defense you need before your hearing. Contact the Lento Law Firm Criminal Defense Team at 888-535-3686, or contact us online to learn about your options.
