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Defending Your Rights Against Restraining Orders in Atlantic County, NJ
Issuance of temporary restraining orders is quite common in Atlantic County when it comes to domestic violence cases. Such orders can have disastrous outcomes since they can become permanent after an unsuccessful final restraining order hearing at the Family Division of the Atlantic County Superior Court in Atlantic City. Hiring highly skilled and qualified defense lawyers is crucial to prevent such negative consequences. If you are facing a restraining order, do not hesitate to contact us at the Law Offices of Todd Spodek.
What You Should Know About Atlantic County Restraining Orders
Under the Prevention of Domestic Violence Act, victims can qualify for a restraining order if they have suffered domestic violence either directly or indirectly. In Atlantic County, NJ, this type of order applies to present or former spouses, household members, boyfriends or girlfriends, or parents of a common child with their offender. Domestic violence involves various offenses against the victim. Some examples include simple assault, aggravated assault, harassment, terroristic threats, stalking, sexual assault.
Once allegations made by the victim against an offender have been confirmed by a judge in court, a temporary restraining order will be issued without delay. This order prohibits any form of contact between the offender and victim whether direct or indirect through social media platforms like email or phone calls to name a few examples. You need legal help if you believe that such an order was filed unjustly against you.
Additional Requirements Triggered by Domestic Violence Accusations
There are additional requirements triggered by accusations of domestic violence that must be observed in Atlantic County particularly when it comes to arrests involving probable cause where victims show signs of injury or if there has been a violation against a restraining order as well as if weapons were used during an act of domestic violence.
An arrest cannot be avoided even with representation from the Atlantic City restraining order attorneys once an allegation is made which means that defendants must remain in custody until their first hearing before a judge within 24-48 hours.
A temporary restraining order can also lead to the seizure of any firearms or other weapons owned or possessed by the defendant. The court issues this restriction for as long as the temporary or final restraining order remains in effect.
The Final Restraining Order Hearing
One chance is given to litigants to plead their cases during the final restraining order hearing which takes place before a family court judge at the Atlantic County Superior Court in Atlantic City. The purpose of this hearing is to determine whether domestic violence has occurred and if so, issue a final restraining order to protect the victim from future violence. Having early representation by an experienced restraining order defense lawyer is critical to increasing chances of success at such hearings.
Violation of Restraining Order
Even if it’s just a text, phone call, or email communication attempt with the victim, violating a temporary or final restraining order constitutes contempt of court. Such acts are fourth-degree crimes punishable by up to 18 months in prison and a fine not exceeding $10,000.
Atlantic City Restraining Order Lawyers
Requiring an experienced attorney who has handled domestic violence cases within the local court system is advantageous when facing legal charges related to domestic abuse or harassment lawsuits in Atlantic City. At the Law Offices of Todd Spodek, Our Atlantic City restraining order lawyers possess relevant experience required for legal representation and offer free consultations for clients facing these types of charges. For immediate legal representation contact us today through (609)616-0020.
Legal Resource Pages for Atlantic County
Below is information on how different violations may be punished under New Jersey law as they differ from case-to-case.
Atlantic City Restraining Order Violation Defense Lawyers
|Violation Type | Punishment |
|— |— |
|Contempt of Court | Up to 18 months in prison Fine_ up_to_$10~000.|
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS