Camden County is home to over 500,000 residents. The county lies in the southern half of New Jersey and rests in close proximity to both Pennsylvania and Delaware. Camden County Superior Court oversees all matters of law within the county. When a family experiences domestic violence, they are likely to bring the matter to the attention of the Family Division of the court for the filing of a restraining order. Domestic violence issues can drastically affect a person's custody and divorce cases.
Domestic Violence Cases In Camden County, New Jersey
In most domestic violence cases, one partner is likely to file a restraining order against the aggressor. In Camden county, there are two types of restraining orders that may be filed. The first of which is an ex parte restraining order. This type of restraining order is typically only filed in emergencies, as it is done with only the plaintiff (petitioner) present. Ex parte restraining orders are typically temporary and will not be made final without having a hearing first. If a temporary restraining order is granted, the alleged aggressor will be notified and served a complaint, along with the date and time for the full hearing. Restraining orders, temporary or final, can impact all aspects of a person's life. In Camden County, defendants may find themselves unable to engage in parenting time, unable to visit certain locations, unable to possess firearms or weapons, and the defendant may even need to engage in counseling or other activities.
At a hearing for a final restraining order, both the plaintiff and defendant must be present. Both sides will be able to present their case and defend themselves against their adversary. At this stage, it is highly recommended to retain the services of an attorney. Hearings will be based upon the evidence presented in favor of either side, and the judge will make a ruling based upon it. If a plaintiff is unprepared to present a witness, the restraining order may not be finalized. Similarly, if a defendant is unable to properly defend themselves, they may have an unfair or unreasonable restraining order imposed upon them. An attorney can make all the difference when a case comes into the courtroom.
Violating a Restraining Order
When a defendant violates a restraining order in Camden County, it will result in the charge of criminal contempt. Criminal contempt convictions can result in jail time and fines, as well as complications for any standing custody orders. Some violations, however, do not result in criminal contempt but may exacerbate a person's circumstances. These include violating provisions of the restraining order that involve attending counseling, returning property, or certain forms of monetary compensation. While these may not result in immediate criminal charges, they can be brought up in court for a stricter restraining order and may be used for other means against the defendant.
If you or a loved one is involved in a domestic violence case in Camden County, contact attorney Joseph D. Lento today.