The Former Middlesex County Prosecutors In Our New Brunswick Office Are Ready To Defend Your Domestic Violence Restraining Order
An individual has a right to challenge the terms of a temporary restraining order at a proceeding referred to as a Final Restraining Order Hearing. These hearings are held at the Family Division of the Middlesex County Superior Court on New Street in New Brunswick irrespective of whether the related criminal charge or investigation occurred in Woodbridge, Piscataway, Old Bridge, East Brunswick, Sayreville, Edison or elsewhere.
At a final restraining order hearing, a judge will hear testimony from the parties and witnesses, review any evidence presented, and then decide whether the temporary restraining order should be made permanent. This relief is termed a final restraining order.
It is important to keep in mind that this hearing is your only chance to challenge the allegations of domestic violence against you. It is therefore extremely important that every effort is undertaken to win the hearing and this is where an experienced Middlesex County restraining order defense attorney can prove invaluable.
The lawyers at our New Brunswick law office have exceptional experience to ensure you win your final restraining order hearing. Our qualifications are unquestionably unique and we believe unparalleled in Middlesex County, and include:
- Over 200 years of combined experience defending criminal charges in Middlesex County
- 15 attorneys whose practices are limited entirely to defending the accused
- Former Directors in the Middlesex County Prosecutor’s Office
- Former Municipal Prosecutors in Edison, Woodbridge, East Brunswick, Piscataway, Sayreville, Metuchen, North Brunswick, South Brunswick, Milltown, New Brunswick, and Helmetta
- Certified criminal trial attorneys
An attorney on our highly experienced defense team is ready to speak to you by contacting our New Brunswick Office at 732-246-7126.
Middlesex County Final Restraining Order
An individual alleged to be the victim of domestic violence apply for a temporary restraining order (“TRO”) and, assuming it is granted, a Final Restraining Order Hearing will be scheduled at the Family Court in New Brunswick to determine whether the restraints become final (i.e. Final Restraining Order or FRO). A final restraining order permanently prevents an alleged abuser from communicating with the victim and being within a certain distance of their location at all times. Failure to comply with these restrictions results in arrest for a criminal charge known as criminal contempt or violation of a restraining order.
They may be arrested and face criminal charges if they violate the order. There is a process that must be completed in order to get a final restraining order in Middlesex County. The first step involves filing for a temporary restraining order. These orders are typically granted without a hearing and prevent the alleged abuser from contacting or coming near the victim for 10 days. Once the 10 days have expired, the victim will then need to attend a hearing to get a final restraining order. At the final restraining order hearing, both sides will be able to present evidence and testimony, and a judge will make a decision on whether to issue a final restraining order.
Consequences of a Final Restraining Order
Final restraining order hearings are to take place within ten (10) days of issuance of the related temporary restraining order. As stated, this is the opportunity for the defendant to fight the restraints and tell their side of the story. For example, it may be that there was no act of domestic violence to support issuance of the temporary order. There is also the possibility that required domestic relationship was lacking. The point is that this is the time for the accused to present his or her case because there are no do overs once a ruling is made. If you lose the hearing, the consequences of a final restraining order shall be felt permanently absent a voluntary dismissal by the plaintiff. You will be unable to return to the residence/dwelling you had with the victim, communicating with the victim, prevented from maintain the same place of employment with the victim, and may be ordered to pay support and undergo counseling. Other ancillary consequences also include exclusive custody of the children and the home. Because the stakes are so high and permanent, you must take a final restraining order hearing seriously and recognize that you need to present your best case at the hearing. If you don’t and lose, you may suffer all of the aforesaid consequences and, on top of it, all the plaintiff basically has to do in the future is pick up a telephone and tell the police you drove by, contacted them, or did anything that might otherwise violate the final restraining order and you get arrested.
What Needs To Happen For The Restraints to Become Final?
After all evidence is presented at the Final Restraining Order hearing, the judge must decide whether the restraints should be vacated and the temporary restraining order dismissed, or whether they become final. In order to grant a final restraining order, the judge must find that an act of domestic violence took place. The most common forms of domestic violence are simple assault, aggravated assault, harassment, stalking, criminal mischief, and terroristic threats. In determining whether domestic violence occurred, the judge will be applying the relevant facts to a preponderance of the evidence standard as opposed to beyond reasonable doubt. In this regard, the judge may several factors, including previous history of domestic violence between the parties, the existence of immediate danger to person or property, the financial circumstances of the parties, the interests of the victim, and anything else the court views as relevant. If the court concludes that there is a better chance than not that an act of domestic violence took place and that the victim is in fear of it occurring again, then the final restraining order is to be granted. For more information regarding the NJ Prevention of Domestic Violence Act, click here.
Defenses to a Final Restraining Order
If you are the subject of a temporary restraining order, know that you have a right to defend yourself against this action. Simply because someone seeks a restraining order against you does not mean that it will be granted, and a temporary restraining order will not be made final unless certain requirements are met under the law. A few possible defenses to a final restraining order are:
- No Violence Or Threat Of Violence. Many couples have disagreements that get heated. Yelling, screaming, and tough talk are not uncommon when cooler heads do not prevail. In order to get a final restraining order, it will need to be shown that something beyond an argument occurred between the parties. This usually involves actual physical violence, some form of assault, or credible threats of violence. A restraining order may be warranted in instances involving simple assault all the way up to an aggravated assault, among other domestic violence charges. Without some form of violence or the threat of violence against the alleged victim, it can be difficult to get a final restraining order.
- No Qualified Domestic Relationship. To get a final domestic violence restraining order, the law requires that the parties be in a domestic relationship. This can include spouses, romantic partners, members of the same household, and former romantic partners who have children together. If the person asking for the FRO does not have a domestic relationship with the individual from whom they want protection, their request for a FRO may be denied.
- No Immediate Need For Protection. Getting a final restraining order requires the immediate need for protection from another individual. The person seeking a final restraining order will need to prove to the court that it is needed. For example, a couple that gets into an argument where tempers flare may not be enough to show an immediate need for protection. Similarly, a single instance wherein a threat was made or property was destroyed during a verbal altercation also may not be adequate to prove an immediate need for protection.
- The Allegations Are Inaccurate. There are certainly many instances where the allegations of domestic violence lack merit because there wasn’t an act of domestic violence or, alternatively, bona fide fear that necessitates the need for protection. Our Middlesex County restraining order attorneys are adept in flushing out the weaknesses in the evidence, include lack of credibility, so that a restraining order does not become final.
Highly Experienced Final Restraining Order Lawyers in New Brunswick
The highly skilled attorneys at our firm, which is located on Paterson Street directly across from the County Courthouse, clearly have the experience you need to successfully defend a final restraining order. We know the ins and outs of the NJ domestic violence and restraining order laws and are ready to put their knowledge into action for you. To speak to a Middlesex County restraining order lawyer about the circumstances of your domestic violence case, contact our New Brunswick Office at 732-246-7126 for a free consultation.
Frequently Asked Middlesex County Final Restraining Order Questions
Is A Final Restraining Order Permanent? Yes. If a judge decides to enter a final restraining order, it will not expire. The only way to remove a FRO is for the person that sought it to ask the court to remove it. Removing a FRO will not prevent criminal charges from being brought against a person who violated a FRO before it was removed.
Will A Final Restraining Order Show Up On A Criminal Record Background Check? A final restraining order is not a criminal offense. This means that it will not appear on your criminal record. Still, FRO may show up on a national domestic violence registry that is available to the public online.
Can I Get A Final Restraining Order Against My Neighbor? Probably not. Final restraining orders are usually reserved for parties that have a domestic relationship. This usually includes spouses, romantic partners, members of the same household, and former romantic partners who have children together.
Will A Final Restraining Order Prevent A Former Partner From Harassing Me? While it cannot guarantee that an ex will leave you alone, a final restraining order can provide protection from an abusive or threatening former partner. If your ex continues to harass you after a FRO has been entered, they may be arrested immediately and brought up on criminal charges.
