Somerset County Protective Order Lawyer

Violence and domestic abuse can play a significant role in many relationships. New Jersey courts take domestic violence very seriously, so if you ever find yourself facing a protective order that limits your rights, you may need assistance from a qualified criminal attorney.

A Somerset County protective order lawyer could help you navigate the legal process involved in protecting your interests and achieving a positive resolution to your case.

What Constitutes Domestic Violence?

Traditional notions of domestic violence typically involve an offender physically abusing an alleged victim. While physical abuse is one of the main forms of domestic violence from which alleged victim is protected under the law, the law protects against a wide range of offensive behavior.

As a Somerset County protective order lawyer has seen, the following behaviors can be considered as forms of domestic violence:

  • Assault and physical abuse
  • False imprisonment
  • Kidnapping
  • Burglary
  • Trespassing
  • Harassment
  • Stalking
  • Sexual assault or criminal sexual contact

If any of these behaviors reportedly occurs within a relationship considered to be covered by domestic violence law, then a protective order might be an option for the alleged victim.

Who Falls Under a Protective Order?

While the law protects many individuals who are alleged victims to violence, there are specific provisions applicable to alleged victims of domestic violence. Covered New Jersey Revised Statutes §§2C:25-17 through 2C:58-3, the state’s domestic violence laws provide protection to:

  • Spouses
  • Ex-spouses
  • Present or former household members
  • An individual engaged in a dating relationship with the alleged offender
  • An individual who has a child in common with the alleged offender or who expects to have a child with the alleged offender as a result of pregnancy

As a Somerset County protective order lawyer knows, accusers will likely be covered regardless of age, gender, or other qualifying factors. However, it is important to note that the alleged offender must be emancipated or over the age of 18.

Understanding the Role of a Protective Order

Protective orders are court orders that prohibit someone from entering the filing party’s home or workplace, harassing the filing party or their family and friends, or having contact with the filing party’s children. In certain cases, such an order may prohibit its subject from possessing firearms as well.

If a protective order is requested, a temporary order is issued first. A court hearing is scheduled to be held soon thereafter, during which the court determines how to proceed. If circumstances warrant a final protective order, the court may issue one that effectively extends the conditions that were present in the temporary order.

Protective orders can have serious consequences and cannot be expunged from an individual’s record. Violating the terms of a protective order can significantly increase the consequences that come with it. This makes it even more important for subjects of protective orders to understand your rights throughout the legal process involved.

How a Somerset County Protective Order Attorney Could Help

When it comes to domestic violence, each party has important rights that must be asserted and protected. Working with an experienced attorney to understand your options in doing just that could an important step in dealing with any associated criminal accusations, charges, and consequences, including protective orders.

Domestic violence laws can be complex and intimidating, especially if they are focused on you. However, you do not have to face issues related to domestic violence and protective orders on your own. If you have questions or concerns about the impact a protective order may have on you and your family, contact a dedicated Somerset County protective order lawyer to see what options may be available to you.