How to Get a Restraining Order For Harassment in New Jersey

A restraining order can help you get the protection you deserve and stop someone from contacting you or stalking you. In New Jersey, the police are required to help protect you, and if someone is violating your order they will be arrested. Violating a restraining order is a crime and will result in significant penalties, including jail time.

How to Get a Restraining Order in New Jersey

The first step is to file a petition with the court for a restraining order against your ex-partner, boyfriend, husband or boyfriend or other person who you feel is responsible for domestic violence. The second step is to make sure that your case is handled as quickly as possible so that the restraining order is entered and you receive the full protection you need.

You may need to seek legal assistance from an experienced restraining order attorney who can help you with all the necessary paperwork. This will ensure that you have the best chance of having the FRO hearing go smoothly and that you obtain the final restraining order you need to stop the abuser from harassing you.

Harassment is the most common predicate act of domestic violence that is alleged in restraining order cases. This can include phone calls, text messages, social media posts, or even unwanted physical contact that the victim feels is being threatened.

To qualify for a restraining order, you must be a victim of domestic violence or have been subjected to an act of domestic violence. You must also prove by a preponderance of the evidence that one or more of the acts of domestic violence enumerated in N.J. Statute 2C:25-19a have occurred.

Once a restraining order is obtained, it is very important that you hire an experienced NJ criminal defense attorney who can help you fight against the restraining order and the penalties for violating it. This is because the judge who issued the restraining order has to consider several factors when deciding whether or not the restraining order should be quashed.

The most important factor to consider is the purpose of the communications that you believe constitute harassment. This can be a tougher argument to win in the courts, but it is an important element of your case.

You can present your case at a hearing by bringing in witnesses and offering any information that you believe is relevant to the matter, such as any medical records or surveillance footage. This is an important part of the process because it gives the judge a clearer idea of what you have experienced in your case.

If you have a valid restraining order and are afraid that your ex-partner is going to violate it, it is vital to seek legal representation from an experienced restraining order lawyer as soon as possible. An experienced NJ restraining order attorney can help you to understand the process and work with the other party to develop the best strategy for defending your case.

The Benefits of Expunging a Harassment Conviction

A criminal conviction is something that you will live with for a very long time. Often, it can be hard to get a job or rent a home, and it can impact your life in many ways.

Expungement is an important way to reduce the visibility of your record. It can also help you avoid some of the collateral consequences of a criminal conviction, such as losing your immigration status or public benefits.

You can begin the expungement process by filling out an application or petition and providing fingerprints. You can find these forms at your local courthouse or online.

The court may require you to attend a hearing before a judge to determine whether you should be eligible for expungement. Your attorney can help you prepare for this hearing and defend your petition.

A judge will look at the nature of your crime and your life before determining your eligibility for expungement. They will also consider your future goals and whether your criminal conviction has negatively impacted your ability to lead a law-abiding life.

Depending on your jurisdiction, you may have to show that your conviction has had a detrimental effect on your life and society at large. This is called a “compelling circumstances” analysis.

Your conviction might also have limited your opportunities for things like education, job training, employment, sports participation, and community involvement. Expungement can help you eliminate these limitations and improve your chances for a better future.

It can be a confusing and exhausting process to expunge your record, so it is important to hire an attorney who understands how to handle this type of case. An attorney can expedite the process, ensure that all paperwork is properly filled out, and represent you in your hearing.

The Expungement Process

Once your attorney has filed the appropriate forms, he or she will send a package to the appropriate county or court. This includes a letter explaining why you want to expunge your record, and documents that can be used as evidence in your application.

You will also need to provide a signed Order of Expunction that your attorney will have prepared. The judge will then sign the order and schedule a hearing to decide if you are eligible for expungement.

During the hearing, the prosecutor and other agencies can object to your request. The prosecutor will raise the reasons why he or she believes you should not have your record expunged, and the judge will listen to these objections before making a decision.

Your lawyer can also file a motion with the judge that requests that your records be sealed and removed from public view. This motion can be helpful if you are applying for a job that requires a security clearance or a government-issued license.

A criminal record can have a negative impact on your life, and if you are convicted of harassment, it can be especially damaging. An expungement can help you move on with your life, and it can prevent your record from being seen by employers or landlords.

Harassment Penalties in New Jersey

In New Jersey, harassment charges are commonly brought about when a person is involved in a dispute with another individual. Whether the case arises from a conflict with a neighbor, a bad breakup, or a contentious divorce, if one party is taking their conduct to a level that annoys or alarms another, then it's likely that they will be charged with harassment under 2C:33-4.

The Statute on Harassment in NJ: What It Says and What It Means

The statute, under which prosecutors can charge harassment, is very broad. The language entitles them to charge harassment for any communication that is deemed "alarming" or "annoying" and "in any manner likely to cause alarm or serious annoyance."

This language is very vague, so a New Jersey attorney who has experience handling harassment cases may be able to evaluate your specific situation and help you determine if a potential defense might exist. Some of the most common types of harassing behavior include repeated threatening phone calls, physical contact, or text messages sent to someone at unreasonable times.

Some of the most common ways that a person is accused of harassment are as follows:

Communications made in offensively coarse language, which is a criminal offense under N.J.S.A. 2C:33-4;

Repeated, threatening communications that are sent to someone at unreasonable times, such as midnight or 2:00 AM.

Sexually-related behaviors, such as comments, requests for sexual favors or physical advances, are also considered harassment under New Jersey's anti-harassment law.

In addition, if you have been convicted of sexually-related crimes in New Jersey or elsewhere and your behavior was considered sexual harassment then it is considered harassment under these laws as well.

A conviction of harassment in New Jersey will appear on your criminal record, as well as on any background checks you may be required to complete in the future. This can make it difficult to find employment or pursue other opportunities. A good harassment defense attorney can help you minimize the negative impact this offense has on your life, so do not wait to contact them as soon as possible!

Lustberg Law Offices, LLC

Lustberg Law Offices, LLC

One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States

(201) 880-5311