Lawyers for Domestic Violence in Ocean County, New Jersey
The process for an alleged victim to obtain a restraining order against another individual in New Jersey is relatively simple and consists of two steps; 1) that the “victim” appears to be in danger of domestic violence, and 2) that the TRO is necessary to protect the well-being and safety of the “victim”. If you have been arrested for an act of domestic violence such as simple assault, harassment, or terroristic threats in New Jersey, and there exists a spousal, familial, or romantic relationship between you and the victim, then the victim may be given the opportunity to choose whether or not to impose a temporary restraining order on you. A TRO is simply put in place for the victim’s temporary protection in the wake of the Final Restraining Order Hearing. The TRO can be issued by any Superior Court Judge in the county or by the Municipal Court Judge of the town in which the incident took place if the Superior Court is closed. Furthermore, the TRO may be revoked by the victim before the FRO hearing, which gives great power over the process of this aspect of criminal and family law to an alleged victim.
In addition to the restraining order proceedings, a defendant who faces domestic violence charges arising out of the same circumstances under which the TRO was issued will likely face separate criminal charges. This is not considered “double jeopardy” or double prosecution because the restraining order is a civil proceeding that is heard in family court while any accompanying charges such as aggravated assault or stalking are criminal proceedings that are heard in municipal or superior court. Due to this important distinction, TRO’s and underlying criminal offenses do not have an impact upon one another.
Served a TRO in New Jersey
Temporary Restraining Orders are designed to provide quick emergency relief for the alleged victims of domestic violence. They are required before a Final Restraining Order can be entered. Once the TRO is issued, a Final Restraining Order Hearing must be set within 10 days of the date of the TRO. As a rule of thumb they are normally set within a week of the incident. A Temporary Restraining Order requires a showing of the three factors:
(1) The victim must be a “victim” as defined under the Domestic Violence Act, N.J.S.A. 2C:25-18 and 2C:25-19d;
(2) The defendant must have committed one of the 14 acts constituting domestic violence under 2c:25-19a and;
(3) The victim must have satisfied one of criteria set out in 2C:25-28(f),(g), or (i).
Whether a judge decides to affect an issuance of a TRO depends upon the sworn testimony of the victim at the time of the reported incident. This means that there is no need for a formal hearing or for the victim to appear before a judge at the time the TRO is entered. In contrast, if the victim wishes to dismiss the restraining order, choosing not proceed with the FRO hearing, then the victim is obligated to appear in person at the Superior Court. This requirement allows the Family Court Judge to determine whether the request for the dismissal is informed and not made under duress. The judge also has the opportunity to assess the victim and their story if they wish to proceed with a final restraining order.
Berkeley Township Temporary Restraining Order Attorneys
If a TRO has been issued against you in Ocean County, including Toms River, Brick, Lacey, Stafford Township, Ocean Township, or Jackson, then you may also be facing domestic abuse, assault, or threat criminal charge. Feel free to contact and experienced criminal defense attorney to guide you through the TRO process and best protect your interests in the charges that you may be facing. For a free consultation about your case, call us at our offices in Toms River at (848) 238-2100.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.