Salem County is located in South Jersey and is in close proximity to both Pennsylvania and Delaware. The county has a population of over 65,000 residents. The county is served in all legal matters by the Salem County Superior Court. The court oversees all matters of law, including matters of Family Law. The court's Family Division handles all matters of custody, divorce and other Family Law issues, including issues of domestic violence. When a family is going through a domestic violence situation, it is common for them to seek legal resolutions from the court.
Domestic Violence Cases In Salem County, New Jersey
In cases of domestic violence, Salem County will issue a restraining order upon a party's request. The person who initially requests the restraining order will be known as the plaintiff, while the person whom the order is filed against will be known as the defendant. Restraining orders are typically issued in one of two forms. An ex parte restraining order is a restraining order that is issued to a plaintiff without needing to have the defendant present. These are typically temporary and are only issued if a judge believes that a plaintiff is currently experiencing or is in any immediate danger of experiencing domestic violence. In very dire emergencies, the judge may issue an order without the plaintiff present as well, if the situation warrants such action. A full or final restraining order is a restraining order that has been signed and approved by a judge after a hearing process.
At hearings, the plaintiff and the defendant must attend a court session. Hearings will be determined by the strength of either side's argument, along with their respective evidence that is presented. At a hearing, a skilled attorney can make an incredible difference in the outcome. After hearing and considering all evidence, testimony, and the other side's argument, the judge will make a decision on whether or not to finalize the restraining order. The final restraining order may have certain provisions or terms that the ex parte order did not, and will last for a much longer period of time. Restraining orders can very seriously affect all matters of Family Law, in particular, custody and how a defendant may interact with the children and when such interaction can take place.
Violating A Restraining Order
When a person violates a restraining order, Salem County will bring charges of criminal contempt against them. Criminal contempt convictions can result in jail time and fines, depending on the circumstances. At times, if specific provisions or terms of a restraining order are violated, the defendant may not be charged with a crime, and instead, face further court action and orders. Terms such as monetary compensation, or returning property to the plaintiff are seldom met with criminal charges, however, the court may issue orders for the defendant to take immediate action.
If you or a loved one is involved in a domestic violence case in Salem County, New Jersey, contact attorney Joseph D. Lento today.