Restraining Order

Cherry Hill Restraining Order Lawyers

Domestic Violence is a serious matter and one of the remedies to victims in Camden County is to obtain a restraining order. The New Jersey Domestic Violence Act allows individuals to obtain a court order temporarily barring the alleged aggressor of domestic violence from any contact with the victim and this is termed a temporary restraining order. In order to obtain this relief, the applicant must first demonstrate is that they were involved in a qualifying domestic relationship. Second, they must establish that there is probable cause to believe that they were the victim of a simple assault, aggravated assault, harassment, terroristic threat or some other criminal offense at the hands of their husband, wife, boyfriend, girlfriend, etc. The third thing that must be shown is that issuance of a restraining order is necessary to protect against further acts of domestic violence pending the outcome of a final restraining order hearing where the accused has an opportunity to present his or her side of the story.

At the Cherry Hill criminal firm of Jonathan F. Marshall, our attorneys have decades of experience fighting restraining orders on behalf of our Camden County clients. We represent individuals who are defendants to temporary and final restraining orders issued at the Superior Court in Camden as well as by municipal court judges in towns like Voorhees, Gloucester Township, Pennsauken, and Winslow. Our staff of lawyers is well equipped with the knowledge needed to ensure the best level of protection for those who have been charged with domestic violence. To speak to an attorney on our team, including one of our former prosecutors, call our Cherry Hill Office at 856-662-8300 for a free consultation.

Things That A Restraining Order Can Prevent You From Doing In Camden County

Temporary restraining orders can seriously interfere with the life of an individual against whom it is issued. First, the order bars you from possession or ownership of a weapon, including but not limited to a firearm, in any context. A temporary or final restraining order can also:

  • Restrict access to jointly owned or solely owned property
  • Require the individual to pay the victim’s rent
  • Limit access to children or parenting time by mandating the time, place, and manner that the individual can see the children or by granting temporary custody to one parent
  • Limit access between victim and aggressor
  • Require the person to pay any damages that might have resulted from the alleged domestic violence
  • Loss of earnings or wages
  • Out of pocket losses for injuries
  • Cost of repair or replacement of damaged property
  • Cost of counseling
  • Moving or traveling expenses
  • Reasonable attorneys fees
  • Court costs
  • Compensation for pain and suffering
  • Require the aggressor to seek professional counseling
  • Limit access to family members other than the victim
  • Grant possession of certain personal property to one party
  • Grant possession of any pet or animal to one party

The restrictions (a.k.a. restraints) that are imposed as a result of a Camden County restraining order are severe. And for those who violate these restrictions, they are subject to a criminal contempt charge in accordance with N.J.S.A. 2C:29-9. Violation of a restraining order in this manner is a criminal offense that can result in a fine of up to $10,000 and as much as 18 months in jail/prison at the Camden County Superior Court.

Experienced Attorneys To Protect You Against A Restraining Order In Haddonfield NJ

Fortunately, you have an opportunity to contest a temporary restraining order at a full proceeding referred to as a final restraining order hearing. You are entitled to this hearing and to present your side of the story within ten (10) days of issuance of the temporary order. This is where you have the opportunity to confront and cross-examine the witnesses against you and present your own testimony and evidence. The presentation of your very best defense is imperative at this hearing because the decision that follows will determine whether the restraining order becomes final. If it does, it is extremely unlikely that you will have any contact with your accuser at any point in the future. A loss will also allow the “victim” to call the police and get you arrested for violating the final restraining order at the drop of a dime by simply picking up the telephone and accusing you of contempt (i.e. some form of violation of the restraints).

Camden NJ Restraining Order Attorney

There are few proceedings that are both routine and contentious than a final restraining order hearing. The Judges sitting in the Family Division in Camden have a challenging job distinguishing between those that are genuine victims of domestic violence and those whose motivations are less than bonafide, for example, using the restraining order to obtain an advantage in a divorce or breakup. This is why it is so pivotal to have proper representation by an attorney with the qualifications necessary to provide maximum protection at the restraining order hearing. The Camden County lawyers at our firm have the skills you need to successfully defend in all domestic violence proceedings. We are prepared to handle cases arising throughout the county including in Haddon Township, Bellmawr, Lindenwold, Collingswood, and Berlin. To discuss how we can help you, call 856-662-8300 to speak to an experienced restraining order lawyer.