If you have been abused and seek or have obtained a temporary restraining order (TRO) in New Jersey it is critical to have a lawyer present your case in New Jersey Family Court. There are critical elements that must be met in order to secure a final restraining order or to agree to civil restraints in cases where that is possible (FM-Divorce Cases and FD-Custody Cases). Not preparing for your final restraining order correctly or not including the right information on the temporary restraining order can destroy your case and the temporary restraints will be dissolved or lifted (meaning no protection). As a domestic violence lawyer in New Jersey, I have over ten years experience in restraining order cases in New Jersey Family Court in: Hudson, Essex, Union, Bergen, Middlesex and other Counties. Experience is very important in these cases. Some counties offer representation through legal services but no everyone qualifies and it is not the same as being representing by private counsel such as myself and other experienced attorneys.
When did you obtain the TRO-Temporary Restraining Order?
This is important because typically if you are in fact in fear, you would obtain a TRO as soon as possible and probably call the police too. This is not a rule but it will be an important part of the case. There are many that are so scared they do not file a TRO or call the police until they just cant take it anymore. Either way, it is not a rule to try to obtain one right away but it is something I need to know.
Evidence, Do You Have Evidence?
In intimate relationships it can be hard to have evidence or very hard to have witnesses but again this does not lead to automatic defeat. Your credibility and preparation for testimony is of the most importance to your case. Knowing dates, times, words used are important. Again, preparation and credibility are key. We can help you prepare your case so that we have the best chance to obtain a final restraining order to protect you. Again, it is important to know that just saying what you remember off of the top of your head or trying to show your cell phone in court or virtually will not automatically win your case. The rules of evidence are strict and a Judge will hold you to the same standard as an attorney.
The TRO has to be accurate. You have to have the dates right. You need to include as many details and instances as you can from now and in the past. The past history is a critical component in obtaining an FRO. While I cannot be with you when you apply for the TRO, I can help you go over details before and can help you amend the temporary restraining order to reflect the accuracy of the event or events as you tell me.
Domestic violence can lead to continuous mental and physical abuse. A TRO can be easy to obtain but a final order is not. You are not subject to cross examination for a TRO but you are subject to many questions from the opposing side's attorney or even the Judge. If you have been abused and seek to hire a private attorney for your domestic violence/divorce or other family law related matter because it is important to you, contact our team on (201) 228-9815 via phone or text line. Until then, be safe, be careful and if you are abused, get out.