Are you a subject of a temporary restraining order or TRO? If so, you must act quickly to stop the order from becoming final. If you don’t fight the TRO, the final restraining order could make it impossible for you to contact your children or return to your home while requiring you to pay child support and your mortgage. A great New Jersey restraining order defense lawyer will fight the charges against you and challenge the issuance of the TRO itself.
Getting a Restraining Order in New Jersey is Straightforward
A restraining order is a legal order made by a judge decreeing a person to avoid contact with another. It is issued in response to domestic violence accusations. The courts grant the majority of TROs. Alleged victims should present credible evidence that domestic abuse or violence occurred, making a TRO necessary. A TRO should be served by a police officer on the defendant. The officer will seize the weapons that the defendant owns and possesses, together with any license or permit to buy a firearm. If issued, a TRO requires the defendant not to return to the place where the violence occurred, relinquish possession and temporary custody of children to the alleged victim, pay child support, and never contact the victim in any way.
The court will schedule a hearing within ten days to determine if the TRO should be finalized. A final restraining order remains effective for at least a year. If you have been notified of the hearing, make sure you don’t attend it unprepared. You must retain an attorney to help you contest the restraining order. When an order is issued in your name, you need to abide by its restrictions to avoid penalties that include jail time and fines.
How Your Attorney Can Help You
Although getting a TR is nearly automatic, the petitioner should provide proof to get a final order. This includes showing that you committed an act of domestic violence, you had a history of this misconduct, and that the alleged victim has a reason to fear for their safety in the future. The TRO will be lifted if the petitioner fails to prove these elements.
A reliable defense lawyer will challenge the evidence presented by the petitioner and try to raise doubt in the mind of the judge. Typically, domestic violence cases are handled based on the testimony of the parties involved, sometimes without witnesses. The testimony of the petitioner in the final restraining order hearing should match the initial allegations made to get the TRO. Otherwise, your lawyer can challenge discrepancies.
