Passaic County NJ Civil Restraints Lawyer
Domestic Violence Attorney in Paterson, New Jersey
If you or a loved one have been involved in a domestic violence or other related incident, there can be a number of serious consequences. You need an experienced defense lawyer who understands the law and is prepared to act quickly and aggressively on your behalf.
Criminal defense attorney Alissa D. Hascup represents clients throughout Passaic County, New Jersey, including in Paterson, Wayne, Clifton, Totowa, who have been charged with domestic violence related criminal offenses such as simple assault, aggravated assault, terroristic threats, and criminal restraint. Ms. Hascup also represents clients at related restraining order hearings in New Jersey.
She has successfully handled countless cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former domestic violence prosecutor and special deputy attorney general. During the course of her career with the Morris County Prosecutor’s Office, she handled cases ranging from Homicide (murder) and aggravated assault to robbery and weapons offenses. Now she is fighting for you. Contact her office anytime for an initial consultation, which is always provided free of charge.
Civil Restraining Order (“Civil Restraints”) in New Jersey
In general, Civil Restraints prohibit communications between the parties (victim and defendant) by virtue of a civil agreement.
Civil Restraints differ from domestic violence orders in a number of ways.
First, if either party violates the Civil Restraints, the only remedies available have to be sought in Court through the filing of a Motion. Generally, the Motion will not be heard for 4-6 weeks.
Second, the relief granted will only be civil in nature – it will not include incarceration, as the violation is not criminal.
Lastly, because the violation is not criminal, there is no law enforcement involvement, meaning that the defendant can not be arrested for violating Civil Restraints.
So, why would someone opt for Civil Restraints?
Perhaps the victim felt that his/her chances of obtaining a FRO were not great, but still wanted some protections.
Or perhaps the defendant did not want to risk getting a FRO entered against him/her for employment or other reasons.
In either case, it is likely that certain compromises will be made, including but not limited to an agreement to leave the primary residence, an agreement to pay support, or an agreement as to child custody and visitation.
Contact a Clifton NJ Civil Restraints Lawyer for a Free Consultation
Alissa D. Hascup understands the collateral consequences associated with a domestic violence incident and, if necessary, can negotiate the terms of a Civil Restraining Order on your behalf. If you find yourself in a situation where you or a loved one have been charged with a crime involving domestic violence and restraints are at issue, call or email her today for a free consultation.