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Temporary Restraining Order
East Brunswick NJ Restraining Order Defense Attorneys
The Prevention of Domestic Violence Act (“the Act”) outlines when and under what circumstances a judge in East Brunswick New Jersey or elsewhere in Middlesex County should issue a temporary restraining order (“TRO”). When this relief is granted, restraints barring the defendant from communicating or having any personal contact, including residing in the same household or dwelling, is entered by the court. 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, including from Middlesex County, with over 100 years of combined experience defending those accused of violating the law. If you are the subject of a restraining order entered in New Brunswick, East Brunswick, Sayreville, Highland Park, South River, call our restraining order defense attorneys for a free consultation. We can be reached 24/7 by contacting our East Brunswick Office at 732-227-1200.
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 732-634-0700 for immediate assistance.