Temporary Restraining Order at Union County Superior Court
In order for someone to obtain a restraining order against another, they have to go through a two step process in New Jersey. If you are arrested for an act of domestic violence such as Simple Assault, Harassment, or Terroristic Threats in New Jersey, the victim can choose whether or not to impose a temporary restraining order on you. A TRO is exactly what it appears to be – it is meant for the victim’s temporary protection in lieu 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. Because TRO are only temporary by nature, the requirements are much less and normally it is only required that there appears to be a danger of domestic violence and it is necessary to protect the well-being of the victim. In addition to the restraining order proceedings, the defendant of a domestic violence incident will usually be charged with separate criminal charges for the underlying act that brought about the restraining order. However, this is not considered “double jeopardy” or double prosecution, because the restraining order is a civil proceeding while any charges such simple assault or harassment are completely separate criminal proceedings and neither has an impact one another. If you are interested in learning more about defending against a restraining order, contact our office today at (908) 838-0150 for a free consultation with an experienced attorney.
What Happens If I Am Facing a TRO in New Jersey?
The function of a Temporary Restraining Order is to provide emergency relief for an alleged victim of domestic violence 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 and 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 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).|
Because of the immediacy of a temporary restraining order, they are based on the sworn testimony of the victim at the time of the reported incident, and therefore there is no need for formal hearing or for the victim to appear before a judge at the time they are entered. In contrast, if the victim wants to dismiss the restraining order and not move forward with the FRO hearing, the victim must appear in person at the Superior Court. This requirement is so that the Family Court Judge may determine whether the request for the dismissal is an informed one and not made under duress and also to assess the victim and their story if they wish to proceed with a final restraining order.
Who is Considered a “Victim” of Domestic Violence?
In New Jersey, a person must meet certain criteria to be considered a “victim” of domestic violence and thus, eligible to file a restraining order against another person. Specifically, a domestic violence victim must be 18 years of age or older, or an emancipated minor and be seeking a restraining order against a current or former spouse, member of the same household, person they were/are dating, or person with whom they have or are expecting a child.
Elizabeth NJ Temporary Restraining Order Lawyer
If you received a temporary restraining order in Union County, NJ, it is imperative to seek informed legal counsel from an experienced restraining order lawyer as soon as possible. The skilled attorneys at Proetta & Oliver will listen to the unique circumstances of your case and formulate a customized strategy to best defend your innocence. We understand the gravity of the situation you’re in and we will walk you through every step of the legal process in pursuit of the best possible result. For a free consultation about your Union County restraining order, contact us today at (908) 838-0150 or send us a message online. We are happy to speak with you by phone or to arrange and in-person consultation at our conveniently located office in Cranford.
Additional Links for Domestic Violence
|Violation of a Temporary Restraining Order||NJ Domestic Violence Lawyer|
|The Domestic Violence Act||Final Restraining Order “FRO”|
|Detention in Domestic Violence Cases||Vacating a Final Restraining Order|