Being named as the target of a restraining order is life-altering. Restrictions imposed by these orders often compel people to move out of their homes, change jobs, and even see far less of their children. The slightest violation of these orders – however unintentional – can land people in jail. Even if there are no criminal charges filed against someone, they could find themselves named as the target of such an order. If you're navigating the stresses of this situation in Camden County or elsewhere in New Jersey, know that the trusted Lento Law Firm's Criminal Defense Team is available to help immediately. Call the team today at 888-535-3686 or contact us online to learn more about your rights and options under the law.
Restraining Orders in Camden County: The Basics
Restraining orders are often filed in response to domestic violence, sexual assault, or stalking behavior. They are also often filed as a result of false allegations, misunderstandings, and mistakes that don't reflect any risk of future harm. No matter why they are filed, or by whom, the state tends to take allegations that someone is in need of protection from someone else seriously, given how much is at stake when alleged victims of wrongdoing are professing to live in fear.
If you have been served with a restraining order in Camden County, you'll be required to attend an adjudication hearing at the Camden County Hall of Justice. It is located at 101 South 5th Street, Camden, NJ 08103.
Although the idea of attending a hearing can be intimidating, it's important to understand that it serves as an opportunity for you to present a strong defense against the allegations that you deserve to be subjected to the restrictions of a restraining order. And, thankfully, you won't have to present your case alone. As soon as you connect with the Criminal Defense Team at The Lento Law Firm, we'll begin working to build a defensive approach that will place you in the strongest position possible to benefit from a favorable outcome.
Types of New Jersey Restraining Orders
New Jersey courts hand down three different types of restraining orders: Temporary Restraining Orders (TRO), Sexual Assault Restraining Orders (SARO), and Final Restraining Orders (FRO). Although they all result in significant restrictions – and severe penalties in the event of an alleged violation of their terms – they are distinct in certain ways.
Temporary Restraining Orders (TRO)
After an alleged victim files a domestic violence or sexual assault complaint, a TRO may be issued without a hearing. Oftentimes, this means that the subjects of TROs are blindsided to the fact that they are temporarily subject to certain restrictions. A TRO remains in place until an FRO hearing, generally within 10 days of the issuance of the TRO at issue.
Sexual Assault Restraining Orders (SARO)
The New Jersey Sexual Assault Survivor Protection Act (SASPA) allows alleged victims of sexual assault and attempted sexual assault to benefit from the protections afforded by restraining orders. TROs and FROs can be issued under SASPA accordingly.
Final Restraining Orders (FRO)
Within 10 days of issuing a TRO, the court will hear “both sides” of the concern during an FRO hearing. Each side is empowered to present argumentation, submit evidence, and examine witnesses during this hearing.
One of the primary reasons why it's so important to have experienced legal counsel by your side during an FRO hearing is that New Jersey is one of the harshest states in the U.S. when it comes to non-temporary restraining orders. In New Jersey, if an FRO is imposed, it can remain in place indefinitely, not for the months or minimal number of years recognized in most other states. Once in place, an FRO's restrictions will remain in effect until the court agrees to modify or lift them. It is an outcome best avoided.
Restraining Order Restrictions
Most people are aware that a restraining order usually prohibits an allegedly dangerous person subject to its restrictions from contacting and/or coming within a specific distance of their alleged victim. However, many people are unaware that restraining orders can also result in the following additional legal consequences, just to name a few:
- Prohibition of contact with the alleged victim's family or place of work
- An order to leave the home shared by the alleged victim (if applicable)
- A temporary loss of child custody or newly imposed restrictions on parenting time
- Obligations to pay financial support and/or to assume responsibility for the alleged victim's rent, bills, etc.
- A loss of rights to own or possess firearms
- Mandatory counseling, substance abuse treatment, anger management classes, and/or therapy
It isn't difficult to see why being named as the subject of a restraining order can be life-altering. And these legal restrictions don't even scratch the surface of what a restraining order can mean for one's relationships, career opportunities, and additional collateral consequences not explicitly imposed by the courts.
What Happens if You Violate a Restraining Order?
Another important reason to take defending against a restraining order seriously is that violating the terms of one is a crime. While the matter of issuing a restraining order is a civil action in New Jersey, violating one that is in place is a criminal offense. Even a single, unintentional violation of a restraining order can lead to arrest and criminal prosecution. You don't want the risk of that reality hanging over your head.
Restraining Orders and Criminal Records
Because a restraining order is a civil matter, it won't be recorded on your criminal record. However, if an FRO is put into place, your fingerprints, photograph, and additional personal information will be entered into a publicly-accessible and searchable Domestic Violence Central Registry. This can damage your reputation and personal relationships in an instant.
Camden County Restraining Order Representation
If you are the subject of a temporary restraining order in Camden County, New Jersey, you have 10 days or less before the court will determine whether to impose the restrictions of a final restraining order on you indefinitely. The time to connect with the Lento Law Firm's Criminal Defense Team is now. Call 888-535-3686 or contact us online so that we can start building a strong defense on your behalf.
