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Restraining Orders

FINAL RESTRAINING ORDER HEARINGS and DEFENDING AGAINST THE TRO

If you have been served with a Temporary7 Restraining Order; commonly referred to as a “TRO” in Middlesex, Monmouth, Ocean or any other County in New Jersey, you are now subject to serious strictures and face possible permanent consequences. Though a TRO being filed against you does not itself signify that you have a criminal charge against you, it is common for an accompanying criminal charge to be filed either in the Municipal Court in the town where the incident occurred, or in the Superior Court situated in the aforementioned County. Final Restraining Order Hearings are conducted in the Family Division of the Superior Court and will determine whether the TRO filed against you becomes permanent. If the Judge presiding over your case determines that the Court has jurisdiction over the matter, an incident of Domestic Violence Occured as enunciuated in The Prevention of Domestic Violence ACT under N.J.S.A. 2C:25-19(a) and that a Final Restraining Order is necessary to protect the Plaintiff, a final Restaining Order will be issued against you and you will be Ordered to register as an offender in the Domestic Violence Database. You will also be forced to Forfeit any Weapons owned as well as be prevented from ever purchasing, owning and/or simply possessing a firearm of any kind.The types of offenses that may lead to the filing of a TRO are:

  • (1) Homicide N.J.S.2C:11-1 et seq.
  • (2) Assault N.J.S.2C:12-1
  • (3) Terroristic threats N.J.S.2C:12-3
  • (4) Kidnapping N.J.S.2C:13-1
  • (5) Criminal restraint N.J.S.2C:13-2
  • (6) False imprisonment N.J.S.2C:13-3
  • (7) Sexual assault N.J.S.2C:14-2
  • (8) Criminal sexual contact N.J.S.2C:14-3
  • (9) Lewdness N.J.S.2C:14-4
  • (10) Criminal mischief N.J.S.2C:17-3
  • (11) Burglary N.J.S.2C:18-2
  • (12) Criminal trespass N.J.S.2C:18-3
  • (13) Harassment N.J.S.2C:33-4
  • (14) Stalking P.L.1992, c.209 (C.2C:12-10)
  • (15) Criminal coercion N.J.S.2C:13-5
  • (16) Robbery N.J.S.2C:15-1
  • (17) Contempt of a domestic violence order pursuant to subsection b. of N.J.S.2C:29-9 that constitutes a crime or disorderly persons offense
  • (18) Any other crime involving risk of death or serious bodily injury to a person protected under the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 …

The level of offenses above range from Petty Disorderly Persons Offense to 1st
Degree Crimes. Call The Law Office of Nicholas A. Moschella, LLC at (732) 930-3482 for a FREE CONSULTATION regarding your Domestic Violence matter. Mr. Moschella has handled cases involving domestic violence both a Prosecutor in Municipal Court as well as a defense attorney throughout New Jersey and is available 24/7 to speak about your matter.

RESTRAINING ORDER VIOLATIONS

If you have been served with a Temporary Restraining Order (TRO) or have a Final Restraining Order (FRO) against you as a result of a hearing, failure to appear for same or if you have otherwise agreed to the entry of an FRO, you are prohibited from making any contact whatsoever with any of the named parties in the Restraining Order. Violations of Restraining Orders are criminal offenses and any conviction will result in a permanent record. Additionally, these Contempt charges pursuant to N.J.S.A. 2C:29-9 can carry as much as 18 months in New Jersey State Prison, periods of Probation, or mandatory terms of incarceration in the county jail for a 2nd or subsequent Contempt Offense. Often times individuals charged with violations are also charged with accompanying criminal offenses such as harassment, stalking, terroristic threats and/or assault. These types of cases are handled in the Superior Court, Family Division within the county where the Temporary or Final Restraining Order was issued or granted. As a result of the bail reform enacted throughout the State of New Jersey as of January 1, 2017; persons arrested for these types of offenses may be detained immediately and remanded to the County Jail pending a detention hearing to determine their release; or remain in custody until the violation hearing is set several weeks after being charged. Call the Law Office of Nicholas A. Moschella, Jr., LLC to discuss your matter or that of someone you know at (732) 930-3482 for FREE CONSULTATION.

EXTREME RISK PROTECTION ORDERS (ERPO)
SERVED WITH A TEMPORARY EXTREME RISK PROTECTION ORDER FERPO HEARINGS – OCEAN COUNTY

Effective September 1, 2019, and in accordance with the “Extreme Risk Protective Order Act of 2018,” codified at N.J.S.A. 2C:58-20 -32; There now exists an emergent application process or a “Red Flag” procedure for Law Enforcement as well as a family or household member of an individual to apple for a Temporary Extreme Risk Protection Order; or TERPO as they are commonly referred. The legislative history indicates that the Act was modeled on the process for a victim of domestic violence to obtain a restraining order under the “Prevention of Domestic Violence Act of 1991” pursuant to N.J.S.A. 2C:25-17 et seq., as well as similar laws in other states throughout the Country. Accordingly, the procedures for extreme risk protective orders are similar to the procedures for domestic violence proceedings. The Guidelines for these matters establish a civil process and procedures for a “petitioner” (defined as a family or household member or a law enforcement officer) to seek an extreme risk protective order. Specifically, an extreme risk protective order prohibits a person from owning, purchasing, possessing, or receiving firearms or ammunition, or from securing or holding a firearms purchaser identification card, a permit to purchase a handgun pursuant to N.J.S.A.2C:58-3, or a permit to carry a handgun pursuant to N.J.S.A. 2C:58-4.

After a TERPO is issued; the respondent against whom the petition has been filed has the right to a hearing in the Superior Court of the County where the application is processed and thereafter served upon the individual. At the hearing, the respondent is permitted to testify, call witnesses on there behalf and/or submit any evidence in accordance with the New Jersey Rules of Evidence and New Jersey Court Rules regarding admissibility of the particular information desired to be submitted. The State; represented by the County Prosecutors Office, will likewise present its own witnesses and evidentiary support to sustain its burden of proof that a TERPO become Final Extreme Risk Protection Order or a FERPO. If a FERPO is issued, its restrictions as delineated above become an Order of The Court, and its consequence is permanent unless and until an application for removal is submitted and granted by the respondent. Retaining an attorney to navigate through the defensible issues available; as well as prepare and present your matter to avoid the stringent penalties associated with these restrictive orders is vital to the protection of your rights. Call (732) 451-2283 today for a FREE CONSULTATION with The Law Office of Nicholas A. Moschella, Jr., LLC.

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Whether you have been charged with a DWI, Criminal, Traffic or Domestic Violence offense; you need to be represented by an experienced and knowledgeable attorney to immediately begin to prepare a defense in your matter and protect your rights. Contact us for a FREE Consultation and see what The Law Office of Nicholas A. Moschella, Jr. can do for you.