The purpose of a restraining order is to protect a victim of domestic violence from harm. Restraining orders are not meant to punish the person they are filed against. Unfortunately, they often impede another person’s freedom. In New Jersey, once a Final Restraining Order is in place, it is difficult to have it removed. This may mean, permanent limitations on your freedom. If another person has taken out a Temporary Restraining Order against you, you have the right to fight the order. Call our office today and learn how.Protecting the freedom of those accused of domestic violence
In New Jersey, very little evidence is needed to have a Temporary Restraining Order (TRO) placed on a person. Generally, any allegation of violence is enough for a TRO to be issued. Ten days after the TRO is issued, a hearing will be conducted by a Superior Court Judge in the Family Division to determine whether or not the TRO should become a final restraining order (FRO). During this hearing both parties may have legal representation in order to protect their rights.
During the hearing, the victim may testify, present evidence in the form of text messages and emails, and may produce witnesses. If there was physical violence, there may be pictures of bruises or other injuries. John will cross examine the victim and witnesses, and persuasively argue to the Judge why there is not enough proof for the TRO to be made permanent. In this hearing, an experienced lawyer is important, as the burden of proof is lower. Unlike criminal court, the victim need only convince the judge that there is a good possibility of a safety concern. Fighting a TRO before it becomes final is very important for a number of reasons. A restraining order does not allow any contact with the victim- this may affect your living situation, ability to have visitation with children, your ability to parent, your employment situation, and where you may go socially. Once made final, a FRO can only be lifted if the victim petitions the court and asks for it to be removed.Defending those accused of violating TRO and FRO’s
Violating a restraining order is considered a criminal offense. Once a restraining order is in place, you may not call, email, text, or have face to face contact with the victim or any other person listed on the restraining order. You may not ask family or friends to contact the victim on your behalf. No contact means no contact. Violations will be viewable on your criminal record and will impact employment opportunities. Violating a restraining order may also prevent you from owning a firearm, or may result in your firearms being confiscated. If you are being accused of violating a restraining order, take action quickly. Call our office today for a free consultation.