Keith Oliver Criminal Law just obtained another dismissal of a temporary restraining order in Mercer County for their client who was served with his second TRO within the last year in West Windsor Township. This was a tremendous benefit for our client as the issuance of a final restraining order would have certainly had a devastating impact on his career.
What is a Temporary Restraining Order?
A temporary restraining order in essence forbids the individual being served with the order of protection from having contact with the individual seeking the order of protection.
Who Can Get a Restraining Order in NJ?
In order to obtain a temporary restraining order in New Jersey, the individual seeking protection must file a complaint with the Chancery Division, Family Part of the Superior Court in the county where they reside that establishes first that they qualify as a “victim” under the New Jersey Domestic Violence Protection Act. In order to do so, they must establish that they were in a domestic relationship with the individual that they are now seeking protection from (i.e. dating relationship, roommates, household members etc.) In other words, not everyone who is the victim of a crime can obtain an order of protection in New Jersey. Once the individual establishes that they qualify as a “victim” under the New Jersey Domestic Violence Prevention Act they now must show that they are a victim of one of the enumerated domestic violence offenses (i.e. assault, harassment, stalking, terroristic threats etc.). If they are able to do so and a judge concludes that a order of protection is necessary to protect them from future acts of domestic violence and/or imminent danger then a TRO will be granted.
For more information on how to file a restraining order in Mercer County, please click the link.
Ramifications of a Temporary Restraining Order
If a temporary restraining order is granted, the victim will be given temporary protections, including but not limited to possession of the marital home, custody of the children, financial support as well as forbidding the accuser from contacting them and/or any other protected party.
Restraining Order Dismissed in West Windsor NJ
In this case, once the victim obtained a TRO the defendant filed a counter TRO. So at the end of the day both parties had temporary restraining orders against each other. TRO’s are exactly what they sound like, temporary in nature. In order for a TRO to become a final order of protection, a final restraining order hearing must be conducted. This is in essence a mini trial whereby each party will present their case to the judge and it will be up to the judge to conclude whether or not a final restraining order is necessary. Both parties must present whatever evidence they deem necessary (text messages / photos / emails etc.) as well as call upon their witnesses testify, who will also be subject to cross examination by the other side. When it came time for the hearing in this case, since the parties had already filed for divorce, we were able to workout civil restraints. Civil restraints is basically an agreement between the parties about how they will communicate moving forward. It could also spell out on a temporary basis how they will handle their joint finances and any custody issues. In order for the parties to enter into civil restraints the underlying temporary restraining orders must be dismissed. This was a tremendous benefit to our client as not only was he able to have the TRO dismissed but the civil restraints also help set parameters between him and his soon to be ex-wife about how they will handle their affairs moving forward.
For more information on Civil Restraints in New Jersey, please click the link.
Restraining Order Lawyer in West Windsor NJ
If you or a loved one has been charged with an act of domestic violence and served with a temporary restraining order in Mercer County, we strongly urge that you speak to an experienced attorney as soon as possible. The ramifications of a final restraining order in New Jersey can be crippling. Unlike most other states throughout the Country final restraining orders in New Jersey never expire. If you would like to set up a free initial consultation today with one of our Mercer County domestic violence defense attorneys then please contact our Hamilton office at 609-789-0779.
V.R. vs. V.R. (2019)