Domestic Violence

Camden County Domestic Violence Defense Lawyer

Attorneys for Restraining Orders and Domestic Violence Criminal Charges across South Jersey

Restraining Order Case Camden County NJAn alleged act of domestic violence has twofold implications for those involved. First and foremost, both the alleged victim and the alleged offender must participate in a restraining order hearing in the Family Division of the Superior Court in the county in which the alleged incident occurred. The results of this hearing may be a dismissal or the issuance of a final restraining order, which prevents the abuser from having any contact with the victim. Second, the alleged offender may be charged with a criminal offense such as simple assault, aggravated assault, terroristic threats, harassment, or stalking. This will require him or her to appear in criminal court to face prosecution, the results of which may be anger management classes, significant fines, and even a jail sentence. In New Jersey, the criminal and civil components of domestic violence cases are entirely separate. However, the outcomes of each of these proceedings can spell long-term implications for both parties. When you are involved in a domestic violence case, it is absolutely essential to protect yourself.

Attorney William Fay has extensive experience representing clients facing restraining orders and criminal charges as a result of alleged domestic violence incidents in the South Jersey area. Over the course of his career, he has provided exceptional representation to domestic violence victims and defendants in Camden, Cherry Hill, Evesham, Mount Holly, Woodbury and throughout Southern New Jersey. Prior to dedicating himself to criminal defense, Mr. Fay served on behalf of the New Jersey Attorney General’s Office prosecuting cases, which he now uses to his clients’ advantage. When you need a zealous advocate on your side, Mr. Fay steps in to fight for you. To discuss your case and find the answers you need, contact his offices today at 609-832-3202 for a cost-free consultation.

Restraining Order Case Process in New Jersey

Temporary (TRO) and Final (FRO) Restraining Orders in New Jersey

New Jersey enacted the Prevention of Domestic Violence Act in 1991 to protect victims of domestic violence through policies and protective orders known as restraining orders. Restraining orders can be temporary or final. When an alleged act of domestic violence occurs and a restraining order is issued, it is considered “temporary.” New Jersey law requires that within 10 days of the issuance of a temporary restraining order, a hearing must be scheduled in the Superior Court Family Division, after which a judge will determine whether or not a final restraining order is necessary.

A final restraining order prevents the plaintiff from having any contact with the victim, his or her family, and any other protected persons included under the restraining order. This means that the plaintiff is barred from contacting the victim via phone, email, text message, etc., and restricts them from coming to the victim’s home, place of employment, or other relevant places where he or she conducts regular activities (gym or health club, school, etc.).

Who Qualifies for a Restraining Order in New Jersey?

Under New Jersey’s Prevention of Domestic Violence Act, found in section N.J.S.A. 2C:25-17, the following individuals are protected:

  • Those who are 18 years or older, or who are emancipated minors, and who have been subjected to one of the predicate acts of domestic violence by a:
    • Current or former spouse
    • Current or former household member
    • Person with whom the victim has had a dating relationship
    • Person with whom the victim has had a child, or with whom the victim is expecting a child

NOTE: An emancipated minor is a person who is under the age of 18 and who: is married or has been married, has entered the military, is pregnant, has a child, or is declared emancipated by a court or administrative agency.

Acts of Domestic Violence that Provide Grounds for a Restraining Order in New Jersey

Under N.J.S.A. 2C:25-17, all of the following are considered predicate acts of domestic violence:

If two people meet the relationship criteria above and one of them commits one of the aforementioned predicate acts of domestic violence, the victim is entitled to pursue a restraining order and to file a criminal complaint against the defendant. Learn about the different types of evidence and standards of proof for restraining orders versus criminal charges in New Jersey, here.

If a final restraining order is issued, a violation of a restraining order is considered a criminal offense called contempt, which is a fourth degree felony in New Jersey, punishable by up to 18 months in New Jersey State Prison. In order to get a restraining order removed in New Jersey, you need to know about the vacating a restraining order process, which is best handled by an experienced attorney.

Domestic Violence Case in Camden NJ? Get a Free Consultation with a New Jersey Restraining Order Attorney

If you are facing a restraining order and/or criminal charges in connection with a domestic violence case, or you are the victim of domestic violence in Camden County or elsewhere in South Jersey, it is crucial to enlist a dedicated legal advocate who can protect your rights. Contact our firm at 609-832-3202 to discuss your case and receive a cost-free consultation.

Testimonials

testimonials reviews
"Excellent criminal defense lawyer"

"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."

Wayne

testimonials reviews
"Amazing!!!"

"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."

Jessica

testimonials reviews
"All Charges Dropped & Expunged"

"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!"

Andrew

testimonials reviews
"Fantastic Lawyer"

"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."

Eric

testimonials reviews
"Marijuana Charges"

"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."

former client

testimonials reviews
"Excellent lawyer. Highly recommended."

"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." "

former client

testimonials reviews
"Highly recommend"

"Great lawyer. Created a best possible outcome for my case."

former client

testimonials reviews
"Amazing job, explains very clearly"

"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."

former client

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Request a Free Consultation

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


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