Hudson County NJ Temporary Restraining Order Lawyer
Our domestic violence attorneys represent both plaintiffs and defendants in restraining order proceedings. It is important to understand, that before you can obtain a permanent or Final Restraining Order “FRO” against somebody, you must first convince a judge or court official that you are in need of a Temporary Restraining Order “TRO”. A TRO is designed for emergency relief for a victim of domestic violence to provide help in the meantime before a Superior Court Judge can hear all the specifics of the relationship and circumstances of domestic violence to determine whether a FRO is necessary for permanent protection. Once the TRO is in place there can be no communication or contact by the defendant. If the defendant makes a communication while the TRO is pending, he or she will get charged with a separate offense of violation of a restraining order. This charge will still remain even if the restraining order is later dismissed at the FRO hearing.
Is A Restraining Order A Criminal Charge?
If you are arrested for a criminal act of domestic violence such as simple assault, harassment, or terroristic threats in Hudson County, New Jersey there is a good chance that you could be facing a temporary restraining order based on the victim’s wishes. It is important to note that the criminal charges will be handled by a different judge and court proceeding than the TRO hearing which is heard by a Family Court Judge in Hudson County Superior Court. This is not considered double jeopardy because the restraining order is a civil proceeding while charges such aggravated assault or criminal mischief are criminal proceedings.
How Do I Get A Temporary Restraining Order in New Jersey?
- 1)The victim must a “victim” as defined under the Domestic Violence Act, N.J.S.A. 2C:25-18 and 2C:25-19d which normally means substantiating a domestic relationship between the victim and defendant;
- 2) The defendant must have committed one of the 14 acts constituting domestic violence under 2c:25-19a such as stalking, trespassing, simple assault, criminal restraint, harassment, etc.;
- 3) The victim must have satisfied one of criteria set out in 2C:25-28(f),(g), or (i), which normally means showing there is a showing of emergency relief.
Temporary Restraining Order in Jersey City
Because a TRO is temporary by nature, a FRO Hearing must be set within 10 days of the date of the TRO. The court date can be further delayed for several reasons but overall these cases move much quicker than criminal charges. It is the plaintiff or victim’s burden to prove and substantiate by a preponderance of the evidence that the domestic violence actually took place and that because of it, they are now in need of a FRO to give them permanent protection. The plaintiff always has the ultimate say over whether they want to proceed or not to a FRO hearing. If they decide to drop the pending TRO against the defendant they will normally need to appear before a Superior Court in person even if they did not need to appear in person to originally get the TRO. Our domestic violence attorneys will go over the facts and circumstances of your case during a free initial consultation and explain how we may be able to help you.