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Temporary Restraining Orders for Domestic Violence in Florence NJ

Were you arrested and served with a Temporary Restraining Order by your girlfriend/boyfriend, ex-spouse, father/mother, sibling or roommate? If so, you will be under great pressure to fight these allegations to avoid the ramifications of a Final Restraining Order. The timeline to resolve a restraining order (from issuance to final hearing) is usually about two (2) weeks. That means it is imperative that you act quickly to consult with an retain legal representation, if you so desire. As part of a Temporary Restraining Order, you will be forced to leave any shared residence with the victim, surrender any weapons (including lawfully-owned guns), refrain from contacting the victim and possibly lose parenting privileges during the pendency of your case.

Our firm’s Domestic Violence and Restraining Order practice group is led by former NJ Deputy Attorney General, William C. Fay, Esq. Mr. Fay has handled countless restraining orders (including obtaining dismissals) and criminal charges throughout New Jersey. Whether you are dealing with a “vengeful ex” or domestic quarrel, we can help. Call 609-850-8284 today and speak with Mr. Fay immediately about your case. We will answer any questions you have and help explain the process of NJ Restraining Orders.

What is a Temporary Restraining Order?

A Temporary Restraining Order (commonly called a “TRO”) is a civil order that stems from a incident of “domestic violence”. If there is a domestic relationship and evidence of a predicate act such as: Assault, Terroristic Threats, Kidnapping, Criminal Restraint, False Imprisonment, Sexual Assault, Criminal Sexual Contact, Lewdness, Criminal Mischief, Harassment or Stalking, then the judge will likely issue the Temporary Restraining Order.

Once the Temporary Restraining Order is served upon you, certain restrictions will apply. Specifically, you will have to: (1) surrender any weapons you own, (2) not contact the victim, (3) leave any shared residence, (4) loss access to your shared children with the victim, among other things. Limit employment opportunities. Failure to comply with any of these orders can result in a criminal offense for Contempt for violation of a Restraining Order.

Is a Temporary Restraining Order a Criminal Offense?

No. Temporary Restraining Orders by themselves are not criminal but rather civil in nature. However, because temporary restraining orders require some underlying form of domestic violence (assault, harassment, terroristic threats, stalking, etc.), there is a strong possibility that criminal charges will also be filed by the victim or the Florence Police Department (if they find probable cause). This means that you will need to litigate your restraining order at the Burlington County Superior Court while also fighting the criminal charges at the Florence Municipal Court or Burlington County Superior Court (if the charges are of an indictable nature).

The outcome of your restraining order hearing can have serious repercussion in how your criminal matter proceeds. If you or your legal attorney are able to expose the victim as a liar or unreliable witness, then this testimony can be used to dismiss the criminal charges filed by the police. Therefore, it is imperative that you consult with a local Florence Restraining Order Attorney who knows how to aggressively cross-examine a witness. Contact our office to learn more about how criminal charges play a part in your pending temporary restraining order.

Lawyers Near Florence For a Restraining Order

New Jersey’s Restraining Order laws are strict and can hinder a defendant’s rights based on statements from a victim without much proof. If you were served with a Temporary Restraining Order or need to apply for a removal of a restraining order, contact our office. Trying to handle a restraining order without preparation or experience can result in devastating long-term consequences. Our team of trial attorneys can be reached 24/7 by calling 609-850-8284. Firm Partner and former New Jersey Deputy Attorney General, William C. Fay, IV, will gladly discuss the strengths and weakness of your case and represent you at your hearing, should you desire legal assistance.