In Jersey City, the seat of Hudson County, New Jersey, restraining orders are used to protect individuals from sexual assault, domestic violence, and harassment. However, these orders can significantly impact a defendant's life, affecting everything from personal relationships to professional opportunities.
At the Lento Law Firm, our experienced Criminal Defense Team understands how overwhelming the process of defending against a restraining order can be. As such, they will work tirelessly to ensure you understand your rights and have the best possible defense strategy in place.
Call the Lento Law Firm today at 888-535-3686 or schedule a consultation online.
Types of Restraining Orders
There are a number of reasons that an alleged victim would pursue a restraining order in Jersey City. Typically, restraining orders are sought under the Prevention of Domestic Violence Act or the Sexual Assault Survivors Protection Act.
To receive a Domestic Violence Restraining Order, the victim must have experienced a particular act, like assault, criminal sexual contact, or false imprisonment, at the hands of the defendant, and they must be in a qualifying domestic relationship. Qualifying domestic relationships include current or former spouses, domestic partners, dating partners, household members, or parents or children.
Under the Sexual Assault Survivors Protection Act, an individual can obtain a restraining order if they are the alleged victim of actual or attempted nonconsensual sexual contact, sexual penetration, lewdness, stalking, or cyber-harassment. This type of restraining order can be pursued without a qualifying relationship present between the parties.
Temporary Restraining Order vs. Final Restraining Order in Jersey City
It is important to understand that no matter how a restraining order is being pursued, the petitioner can request a Temporary Restraining Order (TRO) without the defendant present. All they have to do is file a complaint with the court. A judge will review the complaint and determine if the petitioner is in danger. If they believe they are, they will issue a TRO and immediately schedule a Final Restraining Order (FRO) hearing, usually within 10 days.
At the FRO hearing, both sides will have the chance to present their arguments, including evidence and witness testimony to support those arguments. Once both sides have been heard fully, the judge will receive the evidence presented and determine if an FRO is necessary. Generally, a FRO will remain in place after it is issued until one of the parties decides to petition for the FRO to be modified or revoked.
How the Lento Law Firm Criminal Defense Team Can Help
Restraining orders can have disastrous effects on a defendant's life, both personally and professionally. Not only can a defendant be fined up to $500, fingerprinted, photographed, and entered into the New Jersey Domestic Violence Central Registry, but they can also be prevented from seeing their family, removed from their residences, and barred from attending social gatherings if the supposed victim is present.
Additionally, if a defendant is accused of violating their restraining order, it becomes a criminal offense, and first-time violators can get up to 18 months in prison and fined up to $10,000.
To ensure you are not being unnecessarily punished, you need a strong defense. Call the Lento Law Firm today at 888-535-3686 or schedule a consultation online. Our attorneys can help.
