In New Jersey, a person can file for a restraining order against you if you have allegedly committed an act of domestic violence against them. The New Jersey Prevention of Domestic Violence Act set forth offenses that constitute acts of domestic violence, including harassment. Among domestic violence offenses, harassment is the most common accusation. In Camden County alone, there were 2,348 document domestic violence cases involving harassment in 2016. The frequency of harassment charges and restraining orders based on harassment belies the seriousness of these offenses. If a restraining order has been filed against you in Camden County on the basis of alleged harassment, it is crucial that you hire an experienced lawyer to defend you against the underlying allegations before the restraining order becomes final. This article provides some critical information that you’ll need if you have been accused of harassment. To get your specific questions addressed, call our Camden County harassment defense lawyer William C. Fay now at 609-832-3202.
In order for harassment to constitute an act of domestic violence and thus, be grounds for a restraining order, there must be a victim of domestic violence—a person above the age of 18 who qualifies as a victim under the New Jersey Domestic Violence Act. Harassment of a victim occurs when the abuser intends to harass the victim with offensive and coarse language, communicates at extremely unreasonable hours, or in any way that would likely cause a reasonable person alarm and annoyance.
Harassment can also constitute an act of domestic violence if the abuser purposely tries to harass, hit, kick, or shove the victim, or intends to harass the victim by engaging in alarming conduct. New Jersey courts have ruled that purpose to harass can be inferred from the evidence in a particular case.
The purpose of a restraining order is to stop a person from having verbal or physical contact with a victim. To obtain a restraining order in New Jersey, a person must prove to the court that the individual against whom they are seeking the order committed one or more of the nine acts defined as acts of domestic violence in the New Jersey Domestic Violence Act and the order is necessary for their protection.
The first step to obtain a restraining order is to file for a temporary restraining order (TRO). TROs are issued by the superior court where the victim resides, the offender resides, the act of domestic violence took place, or where the victim is temporarily staying. These can be issued on an emergency basis by contacting the local police department, which will coordinate efforts with the court.
If a TRO is issued, there will be a hearing at a later date for a final restraining order (FRO). This is a permanent restraining order. At the hearing, the judge will listen to both sides, determine if the individual seeking protection qualifies as a victim of domestic violence and whether the order should be issued.
If a final restraining order is issued against you, it is typically permanent. In order to remove the restraining order, you must file to vacate the order based on a showing of good cause. Even if the court does vacate the restraining order, your name will remain on the National Domestic Violence Registry.
At the hearing to vacate the restraining order, the court will consider statements from the victim, whether they consent to vacating the restraining order, treatment and counseling received by the defendant, the current relationship of the victim and defendant, history of violence, and any contempt convictions of the defendant. You can read more about the process to lift a restraining order in NJ on our Vacating a Restraining Order page.
Being that final restraining orders are usually permanent and you will not be able to remove your name from the domestic violence registry, it is important to seek a skillful attorney right away once a TRO is issued or, ideally, before a TRO is even filed. This will give you the best opportunity to defend your position. If you are facing a restraining order and/or criminal charges for harassment in Camden County, do not go through this process alone. Contact our local harassment defense attorneys today for a free consultation about your case. Court comes quickly, so time is limited to develop your best defense.
Accused of Harassment in Camden County, NJ? In New Jersey, a person can file for a restraining order against you if you have allegedly committed an act of domestic violence against them. The New Jersey Prevention of Domestic Violence Act set forth offenses that constitute acts of domestic violence, including […]
"William handled a matter for me and exceeded my expectations. He was excellent in all areas of the law and achieved an outstanding result. Best of all,he demonstrates honesty and integrity. I would highly recommend William and already have."
"I was so scared and nervous about my legal situation but Mr. Fay did an outstanding job with my case!!! I was so relieved with the outcome and he worked so hard for me! He was so calm and understanding and I’m so grateful for him. Thank you so very much for helping me! I am so grateful appreciative."
"William defended me in my marijuana + paraphernalia case, he had all charges dropped and expunged! Despite the fact I was long past conditional discharges/probation, etc. He has a sharp wit and a bright future ahead of him as an attorney. Thanks again Will!"
"Mr. Fay is a fantastic lawyer. He helped me during a very stressful time in my life. He was knowledgeable about my case and what my options were. He answered all my questions and was very reassuring. He was there waiting for me at the entrance on my court date and made me feel at ease. He worked with the prosecutor to reduce my charges. I got the best outcome I could have hoped for. I highly recommend Mr. Fay if you need a lawyer."
"I was arrested and summoned to court for possession of marijuana, even though I didn't have any on me. It was my first time getting in trouble and I was terrified and nervous. Mr. Fay came into court prepared and was extremely assuring. He made it very clear that he was going to fight for my case until the very end. He was extremely knowledgable about my case and the ways to resolve it. I would recommend Mr. Fay to anyone who has gotten into trouble."
"Mr. Fay is extremely caring and knowledgeable. He took the time to explain the entire process in a very clear manner and was a tremendous help during a stressful time. He was always available to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an attorney." "
"Great lawyer. Created a best possible outcome for my case."
"He did a fantastic job on my case, making my penalty much less than I thought it could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can understand. Any questions I had were answered very clearly and he listened to all small details of my case."
Experienced Criminal Defense Attorney Explains What Happens when You’re Caught with CDS in Another Container in Camden County, New Jersey Most know that having cocaine, heroin, or other illegal drug in your possession is illegal. You could go to jail after a law enforcement officer arrests you for carrying street […]
Camden County Fentanyl Defense Lawyer Handling Charges for Possession and Distribution of Fentanyl throughout Southern New Jersey Fentanyl abuse is a national epidemic. The drug originated as a painkiller intended to be more powerful and shorter-lasting than morphine. Today, it is a popular painkiller for surgery, far more potent than […]
The intention to distribute or transport illegal drugs (controlled dangerous substances) on a grand scale, either nationwide or internationally, is drug trafficking. While possessing certain drugs in New Jersey is unlawful, possessing large quantities of illicit drugs may be evidence of an intent to sell illegal drugs. In other words, […]
If you or someone you love has been charged with a criminal or DUI offense in New Jersey, finding the answers you need to make informed decisions is critical. Complete our contact form to request your free consultation or contact 609-832-3202
We are available 24/7 Nights and Weekends to Provide Free Consultations | Hablamos Español
