There are many types of restraining orders in the American legal system, and some of the most widely recognized are for cases of domestic violence or sexual offenses. However, there is one additional type of temporary restraining order in New Jersey that come into play for individuals who have been convicted of drug possession crimes, and has a surprising impact on this large pool of Americans. Here is what you need to know about the Drug Offender Restraining Order Act, and how it could potentially affect you.
The Act Itself: The Drug Offender Restraining Order (DORO) act was established in 1999 by the New Jersey Supreme Court. Its’ main goal is to keep those with drug-related convictions out of public areas where they are likely to be involved with the illegal drug trade, and as a result improve the quality of life in those areas they formerly frequented. In the text of the act, it is described as covering people who have been convicted or charged with drug related crimes, in particular when it is a juvenile or a “convicted or adjudicated delinquent.”
The biggest interest in these types of restraining orders is for the improvement of the area as well as for the individual it is being applied to, which is different from the other more commonly understood restraining orders put in place to protect a potential victim from the alleged assailant.
Recent Challenges: In the cases of NJ vs. Fitzpatrick and NJ vs. Brister, both individuals were attempted to be hit with a DORO, as they had been convicted of distributing illegal narcotics in a school zone. For this case, the defense argued that the Drug Offender Restraining Order Act is unconstitutional, that its imposition could be in violation of the plea agreements already agreed upon, and that it was not legally implied in these particular cases. This was found in favor of the defense because the restraining order in question was not filed in the specified time frame of ten days after the sentencing hearing.
Additional Defenses: The Drug Offender Restraining Order Act is less commonly applied and less well known than other types of restraining orders, but it can still be quite effectively defended against by an experienced legal professional. There are a plethora of laws concerning illegal drug activity that can be carefully scrutinized for your individual case, and with a dedicated legal team on your side you are entitled to the utmost care.
I can help you when you need it in this and many other drug-related crime charges. Call me, Leon Matchin, today for a free consultation about my experience in these areas and to learn how I can put that to work for you. I can be reached by phone at 732-662-7658 and look forward to speaking with you soon.