Restraining Order Lawyers in Toms River, New Jersey
If you are a party to a final restraining order proceeding as a result of alleged domestic violence including simple assault, stalking, harassment, or terroristic threats, then it is highly recommended that you hire an experienced domestic violence attorney who can assist you throughout this process. A Final Restraining Order, commonly referred to as an “FRO”, is a civil proceeding heard before a Superior Court Family Division Judge in the county where the alleged incidents took place. The process is completely distinct from any underlying alleged criminal acts and hearings that may have led to the FRO initially. Accompanying criminal charges will be heard separately before a Municipal Court Judge or Superior Court Criminal Judge depending upon the degree, severity, and location of the crime. While the FRO and criminal proceedings are isolated from one another, sometimes the outcome of one case can affect how the other case proceeds. However, testimony from one case is typically impermissible as evidence in another case. FRO proceedings are very complicated by their nature and can be very overwhelming for those who do not understand court procedures and are unaware of their rights.
How Can A Domestic Violence Attorney Help?
Final restraining order hearings can be stressful and complicated matters that often times have to be litigated at trial for a judge to determine the outcome. It should also be no surprise that these cases are normally hotly contested given the prior relationships between the involved parties. If you are facing a restraining order in Ocean County, an experienced restraining order lawyer can help you navigate the court system and can make the difference in the outcome of your case. At Proetta & Oliver, our attorneys are highly experienced handling restraining order hearings and criminal charges arising from alleged domestic violence. With offices in Toms River, we regularly appear on behalf of clients in Brick, Manchester, Lacey Township, Little Egg Harbor, Berkeley Township, and throughout Ocean County. To discuss your case and find the answers you need to protect yourself, contact us today at (848) 238-2100. Our Ocean County restraining order attorneys are available immediately to provide you with a free consultation.
Important Things To Know About A Final Restraining Order Hearing in Toms River
The FRO process moves very quickly. A Final Restraining Order Hearing is set within 10 days of the date of the issuance of a Temporary Restraining Order on behalf of the alleged victim. The FRO Hearing is a set trial date in which the parties will present evidence regarding the alleged domestic violence, harassment, or assault. It will also determine injunctive relief such as spousal or child support, custody or visitation, and the need for substance testing or counseling. Additionally, the superior court judge has the discretion to order a risk assessment at this time. In order for a Final Restraining Order to be entered, the judge must find that there was; 1) a predicate act (i.e. assault); 2) a prior history of domestic violence, and; 3) that a reasonable person would be in fear for their safety based on the totality of the circumstances. If the judge finds that these requirements are met, the defendant or “aggressor” will have a Final Restraining Order entered against them. At that time the defendant will be fingerprinted so that the order can be registered in the state and national domestic violence database.
What Happens After A Final Restraining Order?
We get a lot of calls from defendants who have final restraining orders against them because they either represented themselves or hired a cheap lawyer that was inexperienced in domestic violence hearings. Unfortunately, once you’ve lost your final hearing, your options and chances of having the restraining order dismissed become much more limited. The consequences of a FRO include permanent forfeiture of your firearms and any weapons, potential criminal charges if the defendant is charged with violation of a restraining order, and a permanent record of the FRO unless the defendant successfully petitions the court in the future for a motion to Dismiss the Restraining Order.
Contact Proetta & Oliver Today to Fight Your Restraining Order
If a FRO has been issued against you anywhere in Ocean County, including Manahawkin, Brick, Seaside Heights, Point Pleasant, Jackson, or Lakewood, then you are also possibly facing some domestic abuse or assault and threat criminal charge. Feel free to contact and experienced domestic violence defense attorney to guide you through the FRO process and best protect your interests in the charges that you may be facing. For a free consultation with an experienced Ocean County restraining order lawyer, contact us anytime 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.