What happens if I violate a restraining order?

Violating a restraining order constitutes criminal contempt under N.J.S.A. 2C:29-9, which can be charged as either a disorderly persons offense or a fourth-degree indictable crime, depending on the nature of the violation. Even accidental or seemingly minor violations, like sending a text message, can result in immediate arrest, mandatory detention until a bail hearing, and potential incarceration upon conviction. Our attorneys can help you understand exactly what constitutes a violation and defend against allegations of restraining order violations through careful analysis of the order's specific provisions.

How do courts determine if a relationship qualifies for domestic violence protections?

Burlington County courts apply New Jersey's broad definition of qualifying relationships, which includes current or former spouses, household members, dating relationships, and anyone sharing a child or expecting a child together. The court examines factors such as relationship length, intimacy type, intertwined finances, and regular interaction patterns to determine if dating relationships qualify. Our attorneys address relationship jurisdiction questions when appropriate, challenging whether certain interactions actually qualify for domestic violence designation or whether general criminal statutes should apply instead.

Can a restraining order affect my ability to see my children?

Yes, a restraining order can significantly impact child custody and parenting time arrangements, though the order typically includes specific provisions addressing these matters. The court may order supervised visitation, neutral exchange locations, or temporary suspension of parenting time depending on the severity of the allegations and the perceived risk to the children. Our attorneys prioritize preserving parent-child relationships during restraining order proceedings, advocating for appropriate parenting time arrangements that protect your bond with your children while addressing any legitimate safety concerns.

What evidence do I need to successfully defend against a restraining order?

The evidence that can be used to build an effective defense includes communications contradicting the alleged fear (such as friendly texts after the alleged incident), witness testimony refuting the accuser's version of events, evidence of a motive for the alleged victim to fabricate allegations of domestic violence (such as pending divorce or custody matters), and documentation establishing alibi or impossibility. Digital evidence, such as security camera footage, phone records, or location data, can be particularly persuasive in challenging restraining order applications. Our attorneys work with clients to identify and properly present such evidence while developing a coherent narrative that challenges the accuser's credibility and the necessity of continued restraints.

Burlington Domestic Violence Lawyers | Restraining Order Attorneys Burlington Township, NJ

Restraining Order Attorneys in Burlington Township, NJ Handling Complex Domestic Violence Cases in Burlington County and Throughout New Jersey

When facing domestic violence accusations or restraining order proceedings in Burlington, your future, reputation, and freedom hang in the balance. These sensitive legal matters demand immediate attention from experienced Burlington domestic violence lawyers who know both the legal complexities and emotional challenges involved. At the Davis Law Firm, LLC, we approach these difficult situations with a commitment to providing compassionate and discreet representation for clients throughout Burlington County.

With a deep understanding of New Jersey's domestic violence laws and extensive experience in Burlington County courts, our attorneys offer the knowledgeable counsel necessary to navigate these complex proceedings. We recognize the unique challenges these sensitive cases present and are dedicated to defending your rights while treating your situation with the utmost confidentiality and respect. Don't face these serious allegations alone—contact the restraining order attorneys in Burlington Township, NJ, for a confidential consultation about your case.

Understanding Domestic Violence and Restraining Orders in Burlington, NJ

Under New Jersey law, domestic violence encompasses a range of offenses when committed against a current or former spouse, household member, romantic partner, or co-parent. These predicate acts include assault, harassment, stalking, criminal restraint, sexual assault, criminal mischief, and other specified offenses. When such allegations arise, the court may issue protective orders to separate the parties and prevent further alleged harm.

Temporary Restraining Orders (TRO) vs. Final Restraining Orders (FRO)

Temporary Restraining Orders (TROs) are emergency protective measures typically granted based solely on the complainant's testimony, often without the accused person present. These orders are issued when a judge finds reasonable cause to believe that immediate protection is necessary. A TRO is exactly what the name implies—temporary—and remains in effect only until a full hearing can be conducted, usually within 10 days.

Final Restraining Orders (FROs), in contrast, are issued after a formal court hearing where both parties have the opportunity to present evidence and testimony. Unlike TROs, Final Restraining Orders in New Jersey have no expiration date and remain in effect permanently, though they can be dissolved upon motion to vacate.

Given their permanent nature, having skilled legal representation at an FRO hearing is absolutely essential to protecting your rights and future interests. The Burlington domestic violence lawyers at the Davis Law Firm, LLC have extensive experience defending against restraining orders and can develop strategic approaches to challenge the issuance of a Final Restraining Order.

Key Facts About Domestic Violence Allegations & Restraining Orders in Burlington, NJ

Burlington County takes domestic violence allegations extremely seriously, with dedicated units in both the prosecutor's office and family court that handle these matters. The Burlington County Family Court, located in Mount Holly, processes restraining orders and conducts hearings with specialized judges familiar with domestic violence law.

New Jersey employs a relatively low threshold of proof—a preponderance of evidence (essentially 51% likelihood)—for granting Final Restraining Orders. This standard is significantly lower than the "beyond reasonable doubt" standard used in criminal cases, which makes it easier for restraining orders to be granted—and more important to have strategic legal representation.

It's crucial to understand that even if the person who filed the complaint later wishes to withdraw it, the prosecutor may still pursue criminal domestic violence charges independently. Additionally, violations of restraining orders, even seemingly minor ones like sending a text message or having a third party contact the protected person, can result in criminal contempt charges carrying potential jail time.

The Process for Defending Against Domestic Violence Allegations in Burlington, NJ

When facing domestic violence allegations in Burlington County, you'll encounter a specific legal process that requires careful navigation. The exact path your case takes depends on whether you're dealing with a restraining order proceeding in family court, criminal charges in criminal court, or both simultaneously.

For restraining order matters, the process typically follows this timeline:

Filing of a domestic violence complaint and issuance of a TRO
Scheduling of an FRO hearing
Service of the TRO and notice of the FRO hearing on the defendant
The FRO hearing, where evidence is presented by both sides
The judge's decision to grant or dismiss the FRO

For criminal domestic violence charges, the process may include:

Arrest and potential temporary detention
First appearance and bail determination
Pre-indictment proceedings
Grand jury presentation (for indictable offenses)
Pre-trial conferences and motions
Trial
Sentencing (if convicted)

Responding to a Domestic Violence Complaint

If you've been served with a domestic violence complaint or TRO in Burlington County, taking immediate, appropriate action is essential to protecting your rights:

Comply with all TRO provisions: Violating even minor provisions of a restraining order can lead to criminal contempt charges, making your situation significantly worse.
Avoid all contact with the complainant: Do not attempt to contact the protected party directly or indirectly through third parties, social media, or any other means, even if they initiate contact with you.
Gather and preserve evidence: Collect text messages, emails, phone records, witness information, photographs, video footage, work records, or any other evidence that may support your defense.
Secure legal representation immediately: Contact experienced legal counsel before your FRO hearing. The short timeline between a TRO and FRO hearing makes prompt legal consultation crucial.
Prepare for your hearing thoroughly: Work with your attorney to develop a strategic defense and prepare any witnesses who may testify on your behalf.

Remember that statements made during restraining order proceedings could potentially be used against you in related criminal proceedings. Having knowledgeable legal representation helps ensure your rights are protected throughout the process.

Consequences of a Domestic Violence Conviction or Final Restraining Order in Burlington, NJ

The ramifications of domestic violence allegations extend far beyond the immediate legal proceedings, potentially affecting virtually every aspect of your life for years to come.

Legal Consequences of Domestic Violence Convictions

Criminal domestic violence convictions in New Jersey can result in:

Incarceration: Jail or prison sentences ranging from months to years, depending on the specific charges and your prior record
Financial penalties: Substantial fines, court costs, mandatory counseling fees, and potential restitution to the alleged victim
Probation requirements: Intensive supervision, mandatory counseling programs, and restrictions on movement and activities
Criminal record: A permanent criminal record that appears in background checks for employment, housing, and education

Beyond these direct legal penalties, a domestic violence conviction or final restraining order can have cascading effects like housing limitations, firearms prohibition, and professional licensing issues. Given these severe and far-reaching consequences, securing experienced legal representation is not merely beneficial—it's essential for protecting your future.

How Qualified Restraining Order Attorneys in Burlington Township, NJ, at the Davis Law Firm, LLC Can Help With Your Case

When facing domestic violence allegations, the quality of your legal representation can make a decisive difference in the outcome. At the Davis Law Firm, LLC, our approach combines legal experience with a genuine understanding of the personal challenges these cases present.

Compassionate and Confidential Representation

We know that domestic violence allegations involve complex personal relationships and sensitive information. Our Burlington domestic violence lawyers create a judgment-free environment where clients can speak openly throughout the process. Recognizing the emotional toll these proceedings take, we provide both legal guidance and emotional support—explaining complex concepts clearly, keeping you informed, and remaining accessible for your questions and concerns.

Personalized Defense Strategies

We develop customized legal strategies for each unique domestic violence or restraining order case. Our process involves a thorough evaluation of evidence, identification of witnesses, and analysis of allegations that allow us to spot procedural errors and credibility issues in the complainant's case. With our considerable experience in this area of legal practice, we anticipate prosecution tactics and counter them effectively through negotiation or courtroom advocacy.

Aggressive Advocacy in Court

Our attorneys bring formidable courtroom experience to every case, with a proven record in securing favorable outcomes in challenging domestic violence allegations and restraining order cases. We meticulously prepare compelling arguments supported by thorough evidence and effective witness testimony while providing powerful advocacy that questions inconsistencies and ensures your voice is heard throughout proceedings. Our goal is to champion your cause with determination, fighting for the best possible resolution.

Why Choose Us?

When selecting legal representation for domestic violence or restraining order defense in Burlington County, your choice matters significantly. The Davis Law Firm, LLC offers exceptional qualifications specifically relevant to these sensitive cases:

Elite legal credentials: Our founding attorney, Mark G. Davis, is certified by the New Jersey Supreme Court as a Criminal Trial Attorney—a prestigious designation achieved by fewer than 250 of New Jersey's approximately 100,000 attorneys. This certification recognizes exceptional skill and experience in criminal trial law, including domestic violence defense.
Local knowledge and connections: Deeply rooted in the community since 2008, we have established relationships with court personnel, prosecutors, and judges throughout Burlington County, providing invaluable insight into local legal practices.
Bilingual representation: We offer legal services in both English and Spanish, ensuring clear communication for all clients regardless of language preference.
Responsive accessibility: We understand the urgency of domestic violence and restraining order matters. Our commitment to prompt responsiveness means we typically return calls and emails the same day, ensuring you never face uncertainty alone.

Contact Our Experienced Burlington Domestic Violence Lawyers for a Free Consultation Today

If you're facing domestic violence charges or restraining order proceedings in Burlington County, the actions you take now will significantly impact your future. The Davis Law Firm, LLC is committed to providing the strategic defense you need during this challenging time. Our experienced attorneys know the nuances of New Jersey's domestic violence laws and the specific procedures of Burlington County courts, allowing us to advocate effectively for your rights and interests.

Don't navigate this complex legal terrain alone. Contact our accomplished restraining order attorneys in Burlington Township, NJ, today to schedule a confidential consultation. During this meeting, we'll listen carefully to your situation, explain your legal options, and begin developing a tailored defense strategy to protect your rights, reputation, and freedom. Call us or complete our online contact form to take the first step toward resolving these serious allegations with professional legal guidance at your side.

Securing Justice For Real People

Burlington Domestic Violence Lawyers