Final Restraining Order Lawyer in Elizabeth, NJ
If you are involved in a final restraining order proceeding as a result of domestic violence then it is always highly recommended that you hire an experience litigation attorney who can help you through this process. A Final Restraining Order (“FRO”) Hearing is a civil proceeding that will be heard before a Superior Court Family Division Judge in the County where the alleged incidents took place. A restraining order proceeding is completely different and separate from any alleged criminal acts (ie. Simple Assault, Harassment, or Terroristic Threats) that may be the basis for the restraining order. These criminal charges will heard separately before a Municipal Court Judge or Superior Court Criminal Judge depending on the degree of crime. Although the proceedings are entirely separate and isolated, sometimes the outcome of one case can affect the how the other case proceeds however testimony from one case normally cannot be introduced in the other case. These types of proceedings are usually very complicated by their nature and it can be very overwhelming and complicated if you do not understand the court procedures and your rights. An experienced lawyer can help you navigation the court system and often times can make the difference in how your case ultimately results.
Final Restraining Order Hearing in Union County, New Jersey
The entire process moves very quickly. A Final Restraining Order (“FRO”) Hearing will be set within 10 days of the date of the Temporary Restraining Order is entered. For all purposes, the FRO Hearing is a set trial date, the parties will present evidence regarding the alleged domestic violence and as to the need for any injunctive relief, such as spousal or child support, custody or visitation, and the need for substance testing or counseling. The superior court judge has the discretion to also order a risk assessment at this time. In order for a Final Restraining Order to be entered the judge must find there was a predicate act (ie. assault), a prior history of domestic violence, and 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 and then fingerprinted so the order can be registered in the state and national domestic violence database. Thereafter, consequences of a FRO include forfeiture of the defendant’s weapons and potential criminal charges if the defendant is charged with violation of the FRO. Moreover, once a FRO is entered it is on your record permanently and will never go away unless you petition the court in the future for a motion to Dismiss the Restraining Order and are success at vacating the order.
More Helpful Domestic Violence Links
|The Domestic Violence Act||New Jersey Domestic Violence Attorney|
|Bail in a Domestic Violence Cases||Violation of a Restraining Order|
|Dismissing a Final Restraining Order||Forfeiture of Firearms from Restraining Order|