If you have been served a temporary restraining order in Somerset or Hunterdon County, it is essential that you speak to an experienced domestic violence defense attorney as soon as possible. Once the TRO has been served, a final restraining order hearing will be set. At that hearing, the plaintiff (victim) will be seeking to convince the Judge that they are need of a final restraining order. If a final restraining order (FRO) is granted, it could leave the Defendant with serious life long consequences, as restraining orders in New Jersey never expire. If you have been served with a TRO and are pending a FRO hearing in Somerset or Hunterdon County, the Keith Oliver Criminal Law can help. Restraining orders are something that the courts take very seriously, with that being said, they are not just freely given. FRO hearings are in essence mini trials, witnesses will be called to testify and they will be subject to cross examination, that is one of the many reasons that we strongly recommend that you speak to an experienced attorney as soon as possible. We serve all of Somerset and Hunterdon County, including towns like Readington, Raritan, Franklin, Montgomery, Bridgewater, Bound Brook, North Plainfield, Watchung, Clinton, Somerville and Flemington. If you would like to speak to one of our domestic violence attorneys today, then please contact us at 908-533-1064.
Contact a Local Somerville Final Restraining Order Defense Attorney Today
In addition to the restraining order, the Defendant may also find themselves facing criminal charges like simple assault, harassment, stalking, terroristic threats, aggravated assault and sexual assault charges as well. Regardless of whether you are facing a restraining order or a criminal charge for domestic violence, the Keith Oliver Criminal Law can assist. Our attorney take these matters very seriously as we are well aware of what a final restraining order can do to someone’s life. If you would like to come into our office and speak to one of our Somerset County domestic violence defense attorneys about your options, then please contact us at 908-533-1064. We can go over the specific facts of your case and formulate a game plan that works best to suit your needs.
How Serious Are Final Restraining Order Hearings in NJ?
Since a temporary restraining order is in fact “temporary”, a final restraining order hearing must be conducted in order to determine whether or not a final restraining order in necessary. Since these hearings are civil in nature, they will be heard in the Chancery Division, Family Part in county where at least one of the parties reside. Once the TRO is issued, the parties must appear in court within 10 days. If requested, a brief adjournment may be granted, however, traditionally, the FRO hearing will be heard within 30 days. Since restraining orders are civil in nature, they will be determined by a preponderance of the evidence standard as opposed to beyond a reasonable doubt.
What Needs to Be Prove to Obtain a Final Restraining Order in NJ
In order for a plaintiff to obtain a final restraining order, they must establish the following elements by a preponderance of the evidence:
- That the Defendant committed one of the following act of domestic violence:
- Terroristic Threats
- Criminal Restraint
- False Imprisonment
- Sexual Assault
- Criminal Sexual Contact
- Criminal Mischief
- Criminal Trespass
- That a past history of domestic violence between the plaintiff and the Defendant exists; &
- That a FRO is necessary to protect the plaintiff from immediate danger or future acts of domestic violence.
What if the Final Restraining Order Involved an Allegation of Assault?
According to Silver v. Silver, the plaintiff need not establish each of the following elements in order to obtain a FRO provided the current act of domestic violence is egregious enough. However, if the “act of domestic violence” does not involve an act of violence, the plaintiff will most likely need to establish all three of the elements. For more information on restraining orders and how to defend them, please feel free to contact one of our domestic violence defense attorneys at 908-533-1064.
What are the Penalties For a Final Restraining Order in Somerset County?
Although a restraining order technically considered civil in nature, the consequences if one is imposed can be more devastating than some criminal offenses. Unlike just about every other State in the Country, final restraining orders in New Jersey will never expire. With that being said, if the facts permit it, a final restraining order can be removed in the future if the individual is successful at a Motion to Vacate. Here are just some of the main ramifications of a final restraining order in New Jersey:
- Barred from owning / possessing weapons;
- Forfeiture of all weapons owned / possessed;
- Imposition of temporary financial support for the victim;
- Barred from returning to any previously shared residence;
- Temporary loss of custody/visitation with their children;
- Placed in a Domestic Violence Registry for Life;
- Barred from contacting the victim;
- Court Ordered Batters Intervention Counseling
Need to Speak to a Final Restraining Order Lawyer in Flemington
If you have been served with a temporary restraining order in Somerset County, we can help. At Keith Oliver Criminal Law, we fully comprehend what a final restraining order can do to someone’s life. The ramifications, which could include not only no victim / protected parties contact but a forfeiture of weapons, including your firearm ID card and being placed into a domestic violence registry can be crippling. If you have been issued a TRO or charged with an act of domestic violence like stalking, harassment, criminal sexual contact, false imprisonment, terroristic threats or aggravated assault in Somerset or Hunterdon County, it is crucial that you speak to an attorney about your options. Our office serves Clinton, Readington, Hillsborough, Montgomery, North Plainfield, Watchung, Bedminster, Bernards, Green Brook, Manville and the rest of Somerset and Hunterdon County. If you would like to speak to one of our attorneys about your options, then please contact us at 908-533-1064.