Temporary Restraining Orders
NJ law enforcement tends to err on the side of protecting alleged victims of domestic violence, which is why a person accused of domestic assault, domestic abuse, harassment, stalking, or some other form of domestic violence is likely to be subject to a temporary restraining order (TRO). Although it is relatively easy for an alleged victim to obtain a TRO, there are still strategies that an experienced criminal defense lawyer can use to help you fight the issuance of a final restraining order (FRO) and save you from the embarrassment and adverse legal consequences of getting a restraining order issued against you. Additionally, a qualified South Jersey domestic violence attorney can help you build a strong defense for your final restraining order hearing, which will determine whether a permanent restraining order should be issued.
Keep in mind that NJ domestic violence cases can involve both criminal proceedings and a restraining order hearing. Jill Cohen is an experienced Camden County criminal defense lawyer and domestic violence attorney who can represent you throughout the legal process in Winslow, Cherry Hill, Collingswood, Egg Harbor, Hammonton, or anywhere else in South Jersey. Attorney Cohen will fight to protect your rights and ensure that you stay out of jail and avoid a restraining order. The issuance of a final restraining order can have devastating consequences in your everyday life and in seeking and keeping employment. It is important to consult Ms. Cohen early to achieve the best result in your NJ domestic violence case.
The NJ Prevention of Domestic Violence Act, codified in N.J.S.A. 2C:25-17, provides victims of domestic violence with the opportunity to seek a protective order to prevent their alleged abuser from making contact with them. When there is an allegation of certain violent acts – called “predicate acts of domestic violence” – then the victim may be able to obtain a temporary restraining order (TRO) against the alleged offender.
NJ lawmakers recognized that some victims of domestic violence are not always able to take the steps needed to protect themselves. That’s why the New Jersey Prevention of Domestic Violence Act gives police officers the option to file a restraining order even when the alleged victim does not wish to get a restraining order. When this happens, a TRO will likely be put in place to prevent the alleged abuser from making contact with the victim.
Only certain types of relationships are protected by the NJ Prevention of Domestic Violence Act. The major requirement for getting a TRO in New Jersey is establishing standing under the NJ domestic violence statute. This means that the victim must prove at least one of the following to show that the parties have a relationship that qualifies for protection:
Once a TRO is in place, you will have to appear at a final restraining order hearing within 10 days. At that hearing, a judge in the Superior Court, Family Division will determine whether a permanent restraining order should be put in place against you. Vigorous defense is essential to avoid the consequences of a final restraining order. Finding a lawyer who is experienced in negotiation is imperative if you hope to avoid the issuance of a final restraining order. Camden domestic violence attorney Jill Cohen has longstanding relationships with the Judges in Family Court and can obtain the best results in your domestic violence case.
Jill Cohen is an experienced domestic violence attorney who has handled restraining order cases throughout Camden County, Gloucester County, and Atlantic County, New Jersey. She will work with you during the restraining order process and build the strongest possible defense so that you are ready for your TRO or FRO hearing. Contact Attorney Cohen today to discuss your legal options.
As an assistant prosecutor Ms. Cohen litigated complex motions for the State, was an acting Camden City Municipal Prosecutor, and indicted over 800 cases before the Camden County Grand Jury. Ms. Cohen handled hundreds of indictable/felony and juvenile cases and tried numerous jury trials, in areas such as drug possession and distribution, school zone violations, domestic violence, aggravated assault, fraud, burglary, robbery, child sexual assault, child physical abuse, homicides, attempted murder and other crimes of magnitude.
With over 30 years in the criminal justice system, Ms. Cohen has developed a great working relationship with members of the local justice system. Ms. Cohen uses her vast experience to get her clients the best possible results.
Ms. Cohen leaves no stones unturned when she builds aggressive defense strategies designed to obtain the best possible outcome for her clients.
The New Jersey Supreme Court’s Attorney Certification Program is designed to help the public make sound and informed choices when deciding to hire an attorney. While there are over 60,000 practicing attorneys in the state of New Jersey, fewer than 250 New Jersey lawyers have been recognized by the NJ Supreme Court as Certified Criminal Trial Attorneys. Camden County criminal lawyer Jill Cohen has been recognized as an NJ Supreme Court Certified Criminal Trial Attorney every year since 2008. To become a Certified Criminal Trial Attorney, Ms. Cohen received recommendations from her peers and judges throughout South Jersey.
Regardless of the incidents that led up to your arrest, every resident of New Jersey has the constitutional right to a fair trial. If you have been arrested or are being investigated, you need sound legal advice. Contact me today.