Restraining orders are civil orders designed to protect individuals from harassment, threats, or violence. Essentially, they require the alleged perpetrator to modify their behavior – such as interacting with or being within a particular distance of a specific person or persons. However, despite being a civil order, they can have profound implications for those they are issued against.
The Lento Law Firm Criminal Defense Team has extensive experience navigating the complex legal landscape of restraining orders in Hudson County, New Jersey. They will work diligently to ensure you receive the best possible outcome for your case. Call 888-535-3686 today for help, or schedule a consultation online.
Types of Restraining Orders in Hudson County
In Hudson County, as in the rest of New Jersey, there are different kinds of restraining orders. While each is meant to protect the victim, they can often be misapplied and have disastrous consequences for the recipient.
Domestic Violence Restraining Order
As the title suggests, a domestic violence restraining order is a legal order issued by a court to protect a victim from domestic violence. This type of restraining order is governed by the Prevention of Domestic Violence Act, which defines domestic violence as any of the following acts committed by one person against another person that they have a qualifying domestic relationship with:
- Assault
- Terroristic threats
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Burglary
- Harassment
- Stalking
- Cyber harassment
- Disorderly conduct
- Criminal mischief
- Lewdness
- Any other crime involving risk of death or serious bodily injury
To qualify for a domestic violence restraining order, there must be a domestic relationship between the parties involved. This includes:
- Current or former spouses
- Current or former domestic partners
- Current or former dating partners
- Current or former household members
- Parents or children
Sexual Assault Restraining Order
A sexual assault restraining order, or a sexual assault protective order, is a court order designed to protect victims of nonconsensual sexual conduct and is available under the Sexual Assault Survivors Protection Act. This Act was enacted in 2015 to expand protection for sexual assault victims beyond those individuals in domestic relationships.
To be eligible for this kind of restraining order, the petitioner must be a victim of actual or attempted nonconsensual sexual contact, sexual penetration, lewdness, stalking, or cyber harassment. Moreover, the victim does not have to have any particular kind of relationship with the supposed perpetrator.
It is important to note that a petitioner can file a complaint for a restraining order without the state having to file criminal charges.
While Domestic Violence Restraining Orders and Sexual Assault Restraining Orders exist, anyone can seek a restraining order if they believe their safety is in danger. As such, all restraining orders, no matter the type, follow a particular process that includes a Temporary Restraining Order (TRO) and a Final Restraining Order (FRO).
Temporary Restraining Orders
To get a restraining order, the petitioner must file a complaint with the court. The judge will review the complaint and determine if a TRP is necessary to protect the alleged victim's well-being, life, or health.
TROs are issued in such emergency situations without the defendant's presence and are typically valid for up to 10 days, during which time a hearing is scheduled to determine if an FRO should be issued.
Final Restraining Orders
FROs are permanent restraining orders that can only be issued after a formal hearing. During the hearing, both parties have the opportunity to present evidence and witness testimony to prove their side of the story. Once both sides have been heard fully, the judge will review both arguments and the evidence presented and decide if an FRO is necessary to protect the victim's safety.
If an FRO is issued, it will remain in effect unless one of the parties petitions to present evidence for it to be modified or revoked.
Consequences of Restraining Orders
Restraining orders can significantly impact a recipient's life. If a FRO is issued, they will be fined $500, fingerprinted, and photographed for entry into the New Jersey Domestic Violence Central Registry. This registry is not publicly accessible but is used by law enforcement and courts to enforce restraining orders and prevent domestic violence offenders from obtaining firearm permits. However, it is important to understand that, recently, a bill was introduced that would potentially make this database publicly searchable.
Additionally, in Hudson County, FROs can also include provisions such as:
- Prohibiting contact with the victim.
- Affecting custody and visitation rights.
- Requiring the defendant to provide financial support to the victim.
If a defendant is found guilty of violating a restraining order, it is considered a criminal offense and classified as contempt of court. First-time violations can result in up to 18 months in prison and fines of up to $10,000. Subsequent violations carry a mandatory minimum sentence of 30 days in jail.
Hudson County Restraining Order Representation
Restraining orders in Hudson County, New Jersey, are serious legal instruments that can have serious, long-lasting consequences for recipients. Defending against a restraining order requires a comprehensive understanding of New Jersey's legal system and the nuances of domestic violence law. When facing allegations of domestic violence, sexual assault, or harassment, it is crucial to work with a skilled legal team.
The Lento Law Firm Criminal Defense Team is extremely well-versed in criminal defense. They will be by your side from the initial accusation until the conclusion of the case. As skilled criminal attorneys, the Lento Law Firm is committed to scrutinizing every piece of evidence presented against you, ensuring that any false or exaggerated claims are addressed and that you receive a robust defense.
If you or someone you know is facing a restraining order in Hudson County, they need a strong defense. Call the Lento Law Firm at 888-535-3686 today for help or to schedule a consultation online.
