Restraining Orders in Drug Cases
- June 10, 2013
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Under the Drug Offender Restraining Order Act of 1999 (DOROA), N.J.S.A. 2C:35-5.7, restraining orders are available to prevent defendants facing drug charges from locations known for drug activity. The NJ Supreme Court’s Committee is suggesting rule changes allowing police to seek restraining orders under, via phone or other electronic means. The amendments would permit restraining orders under DOROA to be obtained by following the same procedures employed in obtaining domestic violence restraining orders. The requirements include (1) placing the person making application under oath; (2) the police officer must state the purpose of the request and basis therefore; (3) the Judge must make a record of any application; (4) the defendant must be served a written copy of the restraining order within 48 hours, which must also be filed in the court; and (5) the police officer’s sworn statement will be considered an affidavit. If you have been charged with drug crimes or any other criminal offense in NJ, you should immediately obtain an experienced criminal defense attorney to protect your rights. For more information on protecting your rights if charged with possession, distribution or other crimes in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes only and is not intended to replace the advice of an attorney.