Having a restraining order entered against you has the ability to completely turn your life upside down. You may be required to leave your home, or you may lose custody rights to your children, or you may have to surrender firearms or weapons that you lawfully own. The restrictions imposed by a restraining order may force you to have to change your daily habits. And violating the terms of a restraining order, even inadvertently, can expose you to possible criminal penalties including fines and jail time. At Camili & Capo, PA a battle-tested Paterson restraining orders lawyer is prepared to fight to give you the best possible legal defense when facing a domestic violence complaint or restraining order.
If you’ve had a temporary restraining order issued against you, or even if a court has issued a final restraining order, you have legal options to defend your rights and interests. An experienced criminal defense attorney can help guide you through the civil process for restraining orders and advocate on your behalf to protect your reputation and rights.
Contact Camili & Capo, PA for a free consultation to discuss your rights and options if you’ve been subjected to a restraining order, or what you can do to defend yourself if you’ve been accused or charged with violating the terms of a restraining order.
Whether you’ve had a temporary restraining order entered against you after someone has filed a domestic violence complaint against you, or after the court has issued a final restraining order following a hearing, you may be subject to various restrictions. The restrictions included in a restraining order are aimed at preventing a domestic violence defendant from having contact with or committing further acts of domestic violence against a plaintiff. The specific restrictions in an order can vary based on the circumstances of the parties, and may include:
Having a final restraining order entered against you will require you to be photographed and fingerprinted, with the information entered into state and national domestic violence registries.
If you violate the conditions of a restraining order entered against you, it can result in criminal charges of contempt, which carries a minimum mandatory sentence of 30 days in jail. If you violate a restraining order by committing another criminal offense, you may be subject to additional charges and even more severe criminal penalties.
You have the best chance at protecting your rights and interests if you act quickly upon being served with a domestic violence complaint and a temporary restraining order. The court will have to hold a hearing before it can issue a final restraining order. In order to issue a FRO, a court will need to find that you have committed a predicate act of domestic violence, that there is a history of domestic violence between you and the plaintiff, and that a FRO is necessary for the plaintiff’s protection against you committing future acts of domestic violence. The issuance of a FRO can be challenged on any of these three bases. Krenar Camili, Esq. and Joseph Capo, Esq. will use their years of courtroom experience to challenge the case against you and advocate against the issuance of a FRO.
Even if a court has already issued a FRO against you, you still have legal options. Camili & Capo, PA can file a petition to vacate an existing FRO, advocating a persuasive argument that can show the court that the order is no longer necessary for the plaintiff’s continued protection from domestic violence.
If you are subject to a restraining order, an experienced Paterson restraining orders lawyer from Camili & Capo, PA can advise you as to your rights and obligations under the order so that you avoid a violation that may subject you to criminal penalties.
If you’ve been subjected to a restraining order, you need to understand your rights and options as you may be facing restrictions on your life. If you are accused of violating a restraining order, you could also be facing serious criminal penalties. Don’t wait to contact a Paterson restraining orders lawyer from Camili & Capo, PA for a free, confidential case review to learn more about how we can help you in your restraining order matter.
Yes. Violating the conditions of a restraining order is itself considered a criminal offense in New Jersey. In addition, if you commit a separate criminal offense in violating a restraining order, such as committing an act of domestic violence like harassment or stalking, you may also be arrested and charged with that criminal offense as well. This is why it is important to understand the conditions of a restraining order entered against you so that you don’t mistakenly do something that might violate your restraining order and subject you to criminal charges.
If your partner obtained a restraining order against you and later attempts to contact you to reconcile, you should not return their communications. Contacting your partner with a valid restraining order against you constitutes a criminal violation of the order, even if your partner initiated the communication. You or your partner will need to have the court withdraw the restraining order before you can have any contact with or reconcile with your partner. Your partner’s desire to reconcile with you can serve as a basis to argue to the court that the restraining order is no longer needed for their protection.
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