Served with a Temporary Restraining Order NJ and What to Do
You can sit by or you can take decisive action as this can affect your custody arrangements, alimony, divorce, etc.
As a Jersey City New Jersey Domestic Violence and Restraining Order Attorney, I write this to you because: You may be reading this because you are one of the following or your loved one is:
- Someone served with a New Jersey Superior Court temporary restraining order (TRO) from Hudson County, Essex County, Passaic County, Union County, Bergen County or elsewhere.
- A loved one was served and you are trying to determine next steps
- You lost custody of your child because of a temporary order (TRO) (Temporary Custody With Plaintiff)
- You have an upcoming court date for a final restraining order hearing (FRO)
- You have been arrested in conjunction with the TRO
- You are upset because the allegations in the complaint are false and or allegations
- You want your side of the story to be heard but do not know how
So you've read the restraining order, you are the defendant and do not agree with it. What will you do now? You can wait for the court date or you can go on the offensive and get a restraining order or appeal the child custody/parenting time restrictions. While I cannot guarantee an initial result on you obtaining a TRO or appealing the custody aspects, I can guarantee that if you do not try, the record will show that you did nothing to fix it.
While you read on and search the internet or talk to friends, remember this, I was in the exact spot you were before I became an attorney. I fought, I fought some more and eventually, I won. I know what it is like to be blind sighted with a temporary restraining order.
As an experienced New Jersey Family Law and Criminal Attorney you should know: It is important to know that the: assault, the harassment, false imprisonment, sexual assault, terroristic threats, criminal mischief, criminal restraint, or other domestic violence allegations are merely allegations. The party who brought this case was able to provide unchallenged details to a emergency Judge or a Family Court Judge. The fact that a TRO was issued, does not mean that it is believed to be true and that you are guilty. The testimony taken was ex-parte and unchallenged. Now, it is up to you if you want to challenge it immediately or wait for the court date in the Superior Court of New Jersey Family Division and possibly Criminal Court.
What Happens at a Final Restraining Order Hearing in The NJ Superior Courthouse?
The court will hear testimony as to the predicate acts you are accused of and if there was prior history of domestic violence regardless if it was reported or not. The court will weigh the testimony given and consider the evidence presented to the court under the rules of evidence. While the underlying acts are considered criminal, this is not a criminal proceeding and you do not have the right to have an attorney for free. It is either you fight the case alone or you retain a lawyer to defend you.
It is not enough to simply prove that an act of domestic violence took place but that the Plaintiff needs the ongoing protection from the Defendant by way of a final restraining order.
So in short...if done right, the situation you are in can be overcome. If you have a case contact us at (201) 228-9815.