New Jersey Temporary Restraining Order Lawyer
Skilled and Seasoned New Jersey Temporary Restraining Order Lawyer Protecting the Rights of Clients In Camden County, Burlington County, Cumberland County, Gloucester County, and throughout NJ
Temporary restraining orders are often issued in domestic violence cases. If a person has obtained a restraining order against you, the protections that these orders give them could be costly to you. You could lose access to your home, possessions, or even your children. You may even be jailed. Although these orders are temporary, they could have long-term consequences in your life. It is crucial that you have an experienced New Jersey temporary restraining order lawyer fighting to protect your rights.
The attorneys at Aydelotte & Scardella Law LLC can help. Our seasoned and skilled attorneys can help to get the temporary restraining order (TRO) lifted. Our attorneys are compassionate negotiators. They will represent your best interests and fight for the best outcome in your case.
Contact us today to book a consultation with an attorney from our firm. We’d be happy to discuss your case and the options available to you.
What is a Temporary Restraining Order (TRO)?
A temporary restraining order is issued by a court with the goal of restricting contact between a defendant and their accuser. These orders are often issued in domestic violence cases. The restraining order will typically have various restrictions against the defendant. These may include:
- Prohibiting any contact or communication with the accuser or their relatives. This may be in person, writing or telephone. The defendant may not contact the accuser or their relatives via email, text or even through online means.
- Barring the defendant from accessing locations such as their home or business. This prohibition may be given to prevent contact between the accuser and the defendant. For example, the defendant may be prohibited from returning home. This will ensure they do not come into contact with the accuser who is their spouse and lives in the home.
- Barring the defendant from possessing a weapon or firearm. Your firearms may be taken from you.
- Require the defendant to reimburse the accuser for any medical expenses that are related to injuries that the defendant is alleged to have caused.
- Prohibit the defendant from contacting their minor children. You may be required to relinquish custody of the children to your ex-spouse temporarily.
When a restraining order is issued in New Jersey, the law enforcement officer that serves the order is required by law to seize any and all weapons that are in the possession of the defendant. They are also required to seize firearm licenses or permits that may allow the defendant to purchase or obtain another firearm.
Following the issue of a TRO, the judge will set a court date for a hearing. This is usually within 10 days of issuing the restraining order. In this hearing, the judge will determine whether the restraining order should become a final restraining order.
If you have had a temporary restraining order issued against you, it is imperative that you seek the assistance of an experienced and skillful New Jersey temporary restraining order lawyer as soon as possible. Your attorney can provide you with the guidance and representation you need to help prevent your temporary restraining order from becoming permanent. You can rely on the experience and knowledge of the attorneys at Aydelotte & Scardella Law LLC for the best defense.
Violation Of a Temporary Restraining Order
A restraining order is issued by a court of law. Violating a restraining order is therefore breaking the law. If you violate your restraining order, you will be found to be in contempt of court. This is considered a 4th-degree offense. It is punishable by 18 months in jail as well as a fine of up to $10,000.
Who may seek a restraining order?
In many instances, restraining orders in New Jersey are issued to protect victims of domestic violence. These may include:
- Emancipated minors or adults above the age of 18.
- A spouse
- A former spouse
- A member of the household
- A partner in an abusive dating relationship
In order for the court to issue a restraining order in New Jersey, the evidence must be provided to show that the accusations are warranted. In many cases, victims of domestic violence apply for restraining orders. Under New Jersey law, the following offenses qualify as domestic violence.
- Criminal sexual contact
- Sexual assault and more
Contact Aydelotte & Scardella Law LLC to Speak with an Experienced New Jersey Temporary Restraining Order Lawyer
If you have had a temporary restraining order issued against you, contact us, Aydelotte & Scardella Law LLC. Book an appointment to consult with an experienced New Jersey temporary restraining order from our firm. Learn about your rights and your options. Our team will work to ensure that you are not subjected to unwarranted punishments as a result of the temporary restraining order. Contact us now to schedule your appointment.
Frequently Asked Questions about Restraining Orders in New Jersey
Yes. A temporary restraining order will have a big impact on your life and legal rights. For example, you may no longer be able to see your children if your ex-spouse takes out a restraining order against you. You could even lose custody of your children in the long term. An experienced New Jersey temporary restraining order lawyer will help to protect your rights. They can help you fight the restraining order, get it lifted, or even negotiate for the reinstatement of some of your rights.
It depends on the reasons that the restraining order is being sought against you. The judge will indicate the conditions of the restraining order when it is given. This will include conditions regarding visitation, custody, drop off and pick up of minors affected by the restraining orders. It is important to seek the guidance and representation of an experienced attorney to help defend your right to custody.