New Brunswick NJ Restraining Order Defense Attorneys
The Prevention of Domestic Violence Act (“the Act”) outlines when and under what circumstances a judge in New Brunswick New Jersey or elsewhere in Middlesex County should issue a temporary restraining order (“TRO”). When this relief is granted, the defendant named in the domestic violence complaint is barred from communicating or having any personal contact, including residing in the same household or dwelling, with the plaintiff (a.k.a. “victim”). All weapons owned or possessed by the accused are also seized at that time. A defendant can even be subject to formal arrest if criminal charges are being filed in tandem with entry of the temporary restraining order. Ramifications like these are obviously severe and should not be taken lightly, especially when you consider that the restraints will become permanent and final if you do not win your Final Restraining Order Hearing.
The lawyers at The Law Offices of Jonathan F. Marshall include former municipal and county prosecutors that have served throughout Middlesex County. Jason Seidman, who heads up our Middlesex County practice and our New Brunswick Office, is a former Director in the Middlesex County Prosecutor’s Office. Bill Wachowski, another attorney at our firm, served as the municipal prosecutor in Edison, East Brunswick, South Brunswick, New Brunswick, Metuchen, Piscataway, Milltown and North Brunswick. We obviously know our way around the courts and it also helps that we have over 200 years of combined experience defending clients served with temporary restraining orders.
If you are the subject of a temporary restraining order entered in New Brunswick, East Brunswick, Sayreville, Highland Park, South River, call our defense attorneys for a free consultation. We can be reached 24/7 by contacting our New Brunswick Office at 732-246-7126.
New Jersey Temporary Restraining Order Law – N.J.S.A. 2C:25-28
In accordance with section 2C:25-28, a municipal court or superior court judge may enter a TRO, without any right of participation in the proceedings by the accused, if they find that it is necessary to protect life, health or well-being of a victim of domestic violence. The evidence upon which the temporary restraining order is based can come from sworn testimony by the victim or by a third party, for example, a police officer, where the victim is unable to testify. This sworn oral testimony may be communicated to the judge via telephone, radio, or other means of electronic communication. Provided the judge concludes that good cause exists for issuance of the temporary restraints, the TRO will be issued under N.J.S.A. 2C:25-28. The following are other potential consequences of a temporary restraining order.
- Mandatory Arrest. Under certain circumstances, police officers are obligated under New Jersey law to arrest an individual and file a criminal complaint in conjunction with a domestic violence investigation. The situations requiring that an arrest be made include where the police have probable cause to believe that there was an act of domestic violence and it either resulted in visible injury to the victim or a weapon was used in the commission of the act.
- Seizure of Weapons. Police must seize the weapons of a defendant upon issuance of a TRO. An inventory of all weapons seized is to be appended to the domestic violence report and the related weapons are to be maintained for safekeeping.
- Violation of a Defective TRO. It is important to understand that a temporary restraining order is a directive from the court and a violation of the order will result in a criminal contempt charge. The fact that a temporary restraining order was later dismissed, whether voluntarily by the victim or as a result of a contested hearing, is of no consequence to a contempt charge. Subsequent dismissal is no defense to a contempt violation.
Woodbridge Restraining Order Defense Attorneys
If you have been accused of domestic violence in Woodbridge, our defense attorneys are well situated to defend you. We not only have an office in Woodbridge but have successfully handled countless restraining order cases over the last two decades. To discuss a temporary restraining order entered against you in Woodbridge, South Plainfield, Edison, Dunellen or Piscataway, call our office any time of day or night. A lawyer with the knowledge and skill you need to succeed on your behalf will be happy to provide a free consultation. Call us at 732-751-4458 for immediate assistance.
Frequently Asked Questions in Middlesex County Temporary Restraining Order Cases
Do Temporary Restraining Orders Expire In New Jersey? No. A temporary restraining order (also known as a TRO) remains good until a judge either lifts it or converts it into a final restraining order. It is important to understand that if you have been granted a temporary restraining order against someone else, you will be given a court date within 10 days, and a judge will decide whether to make it final. The TRO may be lifted if you do not appear on that court date.
How Does A Temporary Restraining Order Work In New Jersey? To get a temporary restraining order in New Jersey, you must request one. This can be done at your local courthouse or police station. In most cases, your request will be reviewed by a judge who will decide whether a TRO should be issued against your abuser. If a TRO is granted, your abuser will be prohibited from contacting you and may be removed from your residence if you live together. Within 10 days of the TRO, a hearing where a judge will decide whether to convert the TRO into a final restraining order will be scheduled.
Will A Restraining Order Go On My Record? Temporary and final restraining orders are not criminal actions. If either type of restraining order is issued against you, it will not go on your criminal record. However, if a final restraining order is issued against you, your photo and fingerprints may be entered into a national domestic violence database. This database is available to the public and can be searched by employers.
Can A Victim Violate A Restraining Order In New Jersey? Generally speaking, a restraining order only applies to the person against whom it has been issued. However, it is possible for both parties to have a restraining order against one another. If this happens, neither party is allowed to contact the other, and if they do, criminal charges may be brought against them.
Who Can Get A Temporary Restraining Order? Temporary restraining orders are reserved for individuals in a domestic relationship. This includes spouses, romantic partners, members of the same household, and persons sharing a child. If you are living with the person that you are seeking to get a restraining order against, they may be prohibited from returning to the residence until the order is lifted.
What Do I Need To Do In Order To Get A Temporary Restraining Order? To get a temporary domestic violence restraining order, you must first claim that you are in a domestic relationship with the person you are seeking to get the order against. This can be a spouse, current or former romantic partner, member of the same household, or someone you share a child with. In order for a judge to grant a TRO, they must believe that you are in immediate danger. You may be able to demonstrate this through text messages, physical injuries, or a police report. However, because TROs are not permanent restraining orders, a judge may grant one without any physical evidence.
Can I Get A Temporary Restraining Order Against A Co-Worker? It depends. If you are in a domestic relationship with your co-worker, then you may be able to get a temporary restraining order. This can be a spouse, current or former romantic partner, member of the same household, or someone you share a child with. If you are not in a domestic relationship with your co-worker, you will likely be unable to get a restraining order against them but you can speak with an attorney about other protective order options.
Do I Need A Lawyer To Get A Temporary Restraining Order? While it is not required that you have a lawyer to request a temporary restraining order, it is highly recommended. New Jersey law only renders certain individuals and certain circumstances eligible for restraining orders. If you are not familiar with the law or you fill out your request incorrectly, you may end up having your request denied. If this happens, you could expose yourself to a dangerous situation wherein your safety is in jeopardy. Having a lawyer represent you will better ensure that you are in the best position to have your request for a TRO granted.
