A restraining order is a legal document issued by a court that prohibits an individual from making contact with or approaching another person. It serves as a protective measure to safeguard vulnerable parties from harassment, threats, physical harm, or any form of unwanted communication.
A restraining order does not have to accompany an assault charge in New Jersey. However, if you are accused of assault, then the alleged victim may seek to have one issued. It is likely that the court will grant at least a temporary restraining order in this case. Further, your bail conditions may also prevent you from contacting the victim.
In the aftermath of your arrest, seek guidance from our experienced Atlantic City criminal defense lawyers at the Law Offices of John J. Zarych by dialing (609) 616-4956.
Restraining Orders for Assault Charges in New Jersey
As previously discussed, an assault charge in New Jersey does not automatically result in the issuance of a restraining order. However, the alleged victim may seek to have one issued against you in the aftermath of your arrest. The decision to issue a restraining order is generally at the discretion of the court, taking into consideration the specific circumstances of the case. Still, after being charged with assault, it is likely that the victim will be able to impose at least a temporary restraining order.
Moreover, even without a restraining order, bail conditions in assault cases can also require that you stay away from the alleged victim. This is often done to ensure the safety of the alleged victim and to prevent any potential further altercations. Like a restraining order, bail conditions can restrict your ability to contact or be in proximity to the alleged victim while the case is pending.
Our Cape May criminal defense lawyers can provide guidance on restraining orders and help you understand the implications of bail conditions. We will also work to build a strong defense for your assault charge. Our guidance can be instrumental in securing the best possible outcome for your case.
Types of Restraining Orders that May Be Filed After Being Charged with Assault in New Jersey
There are multiple types of restraining orders that may be filed after you are charged with assault in New Jersey. For instance, any of the following may be issued in order to prevent contact or communication with an alleged victim:
Temporary Restraining Order
A Temporary Restraining Order (TRO) is often the first type of restraining order that can be filed after an assault charge in New Jersey. It is intended to provide immediate protection to the alleged victim, as it can be obtained quickly and without a full hearing. A TRO typically lasts until a final restraining order hearing takes place, usually within 10 days. During this period, it is crucial to adhere to the terms of the TRO and seek legal representation to prepare for the upcoming hearing.
Final Restraining Order
A Final Restraining Order (FRO) is more long-term and is issued following a formal court hearing. To secure an FRO, the court must be convinced that the alleged victim meets the legal requirements for a restraining order, including demonstrating a genuine fear of future harm.
If an FRO is granted, it can have significant and lasting consequences. This may include restrictions on your ability to contact or be near the alleged victim for an extended period, which can impact various aspects of your life including housing, employment, and personal relationships.
Civil Restraining Order
In some instances, a civil restraining order may be pursued through family court if the assault is connected to domestic violence. Civil restraining orders differ from criminal restraining orders and are typically associated with family law matters such as child custody or divorce. These orders can also impose restrictions on contact between parties involved in domestic disputes, making them a critical aspect of family law cases with allegations of assault.
No-Contact Bail Conditions
As previously discussed, no-contact provisions can be imposed as part of bail conditions. These provisions require you to stay away from the alleged victim as a precautionary measure. No-contact bail conditions can remain in effect until the conclusion of legal proceedings, potentially affecting your daily life and relationships. Ensuring compliance with these conditions is essential for achieving the best possible outcome in your case.
Should You Hire Our Lawyers for a Final Restraining Order Hearing After an Assault Charge in New Jersey?
It is crucial to you seek support and guidance from our attorneys when preparing for a final restraining order hearing in New Jersey. There are multiple ways that we can help with your case.
Protection of Your Rights
Our attorneys play a vital role in ensuring that your rights are protected throughout your FRO hearing. We will be vigilant in safeguarding your constitutional rights and will not hesitate to object to any improper procedures or evidence presented against you.
Case Strategy
Furthermore, our legal team can assess the strength of the case against you and determine the best approach to contest the restraining order. We will help you gather witnesses, documents, and any other evidence that may be crucial in proving your side of the story.
Negotiation
In some situations, our attorneys may be able to negotiate a mutually agreeable resolution with the other party, potentially avoiding the issuance of a final restraining order. This can be especially beneficial if both parties are willing to reach an agreement that ensures safety and resolves any underlying issues without the need for a court order.
Minimization of Consequences
Should an FRO be issued, it can have significant and long-term consequences in your life. Our attorneys can work to minimize the impact of the order by negotiating its terms or helping you understand and adhere to its requirements. This can be particularly important in cases where you need to maintain contact with the other party for reasons such as co-parenting or shared responsibilities.
Appeal Process
If an unfavorable decision is reached during the FRO hearing, our attorneys can guide you through the process of appealing the decision. We will help you navigate the legal procedures for appealing a restraining order, increasing your chances of obtaining a better outcome.
Contact Our Criminal Defense Lawyers for Help with Your Case in New Jersey
Get assistance from our Atlantic City criminal defense attorneys by calling the Law Offices of John J. Zarych today at (609) 616-4956.
