Plaintiff Secures Final Restraining Order After Hearing in Somerset County
Keith G. Oliver of Keith Oliver Criminal Law was able to secure a final restraining order for one of his clients earlier this week in the Somerset County Superior Court. Mr. Oliver was retained by an individual who was the unfortunate victim of domestic violence. The final act of domestic violence that lead to the issuance of the temporary restraining order occurred at the client’s home, which is located in Franklin Township. Temporary Restraining Orders, which are often referred to by their acronym, TRO’s, are exactly what they sound like, temporary in nature. In order for a TRO to become a permanent order of protection, a final restraining order hearing must be conducted. Unfortunately in New Jersey, victim’s of domestic violence do not have the benefit of a court appointed attorney or a “prosecutor” to represent their interest in a Final Restraining Order Hearing. Final Restraining Order hearings are separate and apart from any potential criminal charges that may derive from the same incident and since they are civil in nature, the right to counsel does not apply. Therefore, in order for our client to permanently obtain the benefits of a final restraining order she knew she would need to be successful at her final restraining order hearing. As such, she retained our services and we were able to do just that.
Best Ways to Prepare for a Final Restraining Order Hearing in New Jersey
Once Mr. Oliver got involved in the case he immediately discussed with his client what exactly occurs during a final restraining order hearing to make sure she was prepared to move forward. Final restraining order hearings are in essence mini-trials and can often become very emotional. In other words, the alleged victim, which is referred to as the Plaintiff, will be required to testify and present whatever evidence them deem necessary to present their case to the Judge. Since these are formal hearings, the Plaintiff will also be subject to cross examination by the Defendant’s attorney. In addition, since these are formal hearings, the rules of evidence apply as well. Unfortunately that means that sometimes the chances of success can depend on whether the Plaintiff can legally introduce the necessary evidence into their hearing. After reviewing the client’s complaint, it was obvious that she needed to amend her complaint to include more information regarding not only the current act of domestic violence but also the past history. Once the amendment was filed, Mr. Oliver contacted the local police department to secure any and all information that they were in possession of. After gathering all the information, Mr. Oliver was able to put the case together and formulate a game plan with his client. This included going through his client’s testimony with her and preparing her for what it would be like to be cross examined. After all the testimony was taken and all the evidence was introduced, the Judge concluded that the client was in fact a victim of domestic violence and that she was in need of a final order of protection in order to prevent future acts of domestic violence. This was a tremendous result for our client. With a final order of protection in place our client no longer had to fear that the defendant would show up and commit further acts of domestic violence.
Here is what our Client had to say:
As I was sitting in the hearing to obtain a formal restraining order, it really hit me that I could not have imagined being represented by anyone else but Keith. I was very nervous and scared, and Keith was calm, cool and collected throughout the process. He was organized and prepared, and represented me with a focused determination that made it simple for the court and the judge to find in my favor and grant me the protection and peace of mind that the formal restraining order provides.
Consult with a TRO Lawyer Today in Somerset County – 908-533-1064
If you or a loved one has been served with a temporary restraining order or are looking for help prosecuting a temporary restraining order in Somerset or Hunterdon County, the Keith Oliver Criminal Law can help. Mr. Oliver, who heads up our Somerset County practice, has extensive experience handling both sides of restraining orders. His experience of handling both sides gives him the ability to predict how the case may play itself out during a formal hearing. Our office handles all types of domestic violence matters, including restraining orders, violation of restraining orders, weapons forfeiture hearings as well as criminal charges like assault, stalking, terroristic threats and harassment. If you would like to schedule a free initial consultation today, please contact our Somerset office at 908.533.1064. We serve all of Somerset and Hunterdon County, including towns like Franklin, Somerville, Flemington, Clinton, Hillsborough, Bridgewater, Readington, Raritan and North Plainfield.
S.W. v. C.B. (2022)
