Restraining Orders vs. Criminal Charges
Domestic Violence Attorney in Camden County, New Jersey
Many times when a person has a restraining order filed against him or her, there are also accompanying criminal charges to go along with it. It is important to note though, that there is a difference between restraining orders and criminal charges as one can be dismissed even if the other is not. Both, however, can expose a person to several significant consequences that can impact your life in many ways. Whether you are facing criminal charges or a restraining order, it is crucial that you do not take any chances and that you speak with a skilled and knowledgeable attorney that knows these details of the law and can help you get a positive outcome in your case.
The criminal defense team at the Law Offices of Leonard Biddison have had a great track record of success over the years handling restraining orders and criminal charges in Camden County including Bellmawr, Barrington, and Lawnside, and Magnolia. In fact, one of the members of our criminal defense team is a former prosecutor in New Jersey who used to prosecute charges for the State which means we know the types of arguments that will be made on both sides. If you are facing criminal charges or a restraining order having an attorney who knows what it takes to potentially beat the charges is imperative. Call the Law Offices of Leonard Biddison at 866-721-9510 anytime for a free initial consultation.
Restraining Orders vs. Criminal Charges in New Jersey
There are several differences between restraining orders and criminal charges as explained below.
Criminal Charges: When the police respond to a domestic violence incident, they have several options on how to proceed. First, they could choose to investigate the incident and not charge anyone. This could be because the victim elects not to press charges, there is not enough evidence to charge anyone, or there were not any witnesses to the incident. Another option is that the police could file criminal charges against one, or multiple parties involved in the incident. The police will usually go this route in response to criminal offenses such as assault, harassment or stalking. If this happens, the case will be handled either in the Municipal Court, if you are charged as a disorderly persons offense or in the Superior Court, if you are charged with a felony. Regardless, these proceedings will be handled separately from the restraining orders.
Restraining Orders: When the police respond to a domestic violence incident as explained above, they will ask the alleged victim if he or she will opt to file a temporary restraining order (TRO). If a TRO is not pursued, the police will still investigate and depending on the factors set forth above, file criminal charges. If the alleged victim elects to file a TRO, the defendant is prohibited from going near the alleged victim including his or her place of employment, residence, or others that may be listed in the TRO. A violation of this order will result in contempt of court charges. Also, a hearing for a final restraining order (FRO) will be scheduled in the Superior Court within 10 days.
Contact a Magnolia NJ Domestic Violence Lawyer to Discuss Your Case
The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against criminal charges. Our criminal defense team understands the details of the law in New Jersey and we will use this knowledge to help you best defend against your charges. Call us today at 866-721-9510 for a free initial consultation about your case.