New Jersey Sex Crime Restraining Order Lawyer
Experienced New Jersey Sex Crime Restraining Order Lawyer Defending Clients In Camden County, Burlington County, Cumberland County, Gloucester County, and Throughout NJ
In New Jersey, a victim of sexual violence can obtain a restraining order against the perpetrator. The restraining order is taken to protect the victim and prevents the offender from contacting the victim either physically or by other means such as phone, text, or email. A restraining order can have serious long-term consequences. It can result in you losing access to your children or home. It can even interfere with your job prospects and limit your housing options if you are renting. It is critical to seek the assistance of a New Jersey sex crime restraining order lawyer to help you resolve your case.
The attorneys at Aydelotte & Scardella Law LLC are dedicated to providing the best legal representation to help you fight a sex crime restraining order. Contact our law firm to speak with an experienced and knowledgeable attorney. We will demystify the law and help you better understand your rights. We will fight to ensure that you are not punished for false accusations. We are also dedicated to providing compassionate representation for victims of sex crimes. We will fight to ensure that justice is served.
What is a Sexual Assault Protective Order?
A sexual assault protective order or a sex crime restraining order is a protective order issued by a court with the aim of protecting victims of sexual violence or nonconsensual sexual conduct. In New Jersey, any victim of a nonconsensual sexual act can get a protective order under the Sexual Assault Survivors Protection Act (SASPA) regardless of their relationship to the perpetrator. However, if the victim had a familial relationship with the defendant, they can file for a regular restraining order under New Jersey’s Prevention of Domestic Violence Act.
Like a regular restraining order, a sex crime protective order prohibits the defendant or offender from contacting the victim. This includes seeking to contact them in person or communicating with them via electronic forms such as email or text. The offender may not be in the physical presence of the victim. This is done in order to prevent the offender from endangering the victim again. The protective order also prohibits the offender from visiting or entering the victim’s place of work, home, and other places that have been outlined in the order.
Sex Crimes that Quality for a Sexual Assault Protective Order
There is a wider range of nonconsensual sexual acts recognized by the New Jersey Assault Survivor Protection Act (ASPA) as grounds for issuing a protective order. A person can obtain a sex crime protective order if they are victims of:
- Sexual contact – This includes intentional touching of the victim’s intimate parts either through the clothing or directly with the purpose of sexually arousing or gratifying the perpetrator, humiliating or degrading the victim.
- Lewdness – This includes purposeful exposure of the genitals with the purpose of gratifying the sexual desires of or arousing the actor.
- Sexual penetration – this includes vaginal intercourse, fellatio, anal intercourse of cunnilingus between people. It also includes the insertion of the finger, hand, or other objects in the vagina or anus by either the actor or upon their instruction.
Getting a sexual assault protective order does not always involve criminal charges. A temporary restraining order may be issued by a New Jersey court if the court believes the order can provide the victim with immediate protection for the alleged perpetrator. Little, if any, evidence is required to obtain the temporary protective order. The victim may, however, choose to file criminal charges. However, the two cases will be handled distinctly under different jurisdictions.
While a sex crime restraining order may not involve criminal charges, however, it can have long-term consequences. It is therefore important to seek the assistance of an experienced New Jersey sex crime restraining order lawyer. You should do this as soon as possible to give your attorney time to prepare a defense on your behalf. The attorneys at Aydelotte & Scardella Law LLC will fight to get you the best outcome for your case.
Contact Aydelotte & Scardella Law LLC for Help from an Experienced New Jersey Sex Crime Restraining Order Lawyer
Have you had a restraining order issued against you? If you have sex crimes as part of a restraining order issued against you, contact Aydelotte & Scardella Law LLC to speak with an experienced New Jersey sex crime restraining order lawyer. Our attorneys will be happy to review your case and answer any questions you may have about your restraining order. You can rely on our knowledge and years of experience in defending clients against sex crime restraining orders to get you the best possible results.
Contact us now to schedule your consultation.
Frequently Asked Questions about Sex Crime Restraining Order in New Jersey
A New Jersey court will issue a temporary restraining order when it believes that there is an immediate need to protect the plaintiff. When the temporary restraining order is issued, the court will also provide a date for the final restraining order hearing. The court will decide whether the temporary restraining order will become permanent during the final restraining order hearing. It is important to seek the assistance of an experienced attorney to help you resolve your case.
No evidence is required for the issuing of a temporary restraining order. These orders are often issued with the goal of providing immediate protection for victims of domestic violence or assault. Hard evidence, however, is required for the issuing of a final restraining order. It is beneficial to have an experienced attorney representing you. Your attorney can help to prevent the issuing of a final restraining order by poking holes in the plaintiff’s case. They will also build a strong defense on your behalf.