Montclair Restraining Orders Lawyer

When an instance of domestic violence allegedly occurs, a restraining order may be sought. Whether you are the individual seeking the restraining order or the defendant, understanding the legalities of these orders is crucial. Many people are only familiar with restraining orders from their representation on television, but what you see on screen isn’t always the truth. A Montclair restraining orders lawyer can offer valuable information and protect your rights.

If you find yourself facing legal issues involving a restraining order, it is vital to have a skilled domestic violence lawyer on your side. They can provide you with knowledgeable counsel and steadfast representation, no matter what side you are on. The attorneys at The Montanari Law Group have the experience necessary to represent either party in a restraining order case. Whether you are the victim of domestic violence or the accused, we can build a strong case on your behalf.

Types of Restraining Orders in Montclair, NJ

In 2023, New Jersey saw a total of 70,828 incidents of reported domestic violence. From the bustling suburban areas of Upper Montclair to Watchung Plaza, this is a prevalent enough problem in Montclair that many restraining orders are sought on an annual basis. Whichever party you are in a restraining order case, whether the individual seeking the order or the defendant, it is important to understand what exactly a restraining order is in Montclair and how it might affect your life.

A restraining order, also known as a protective order, is a type of court order. It works to restrain or restrict the defendant from contacting or interacting with the individual who filed for the order, typically the plaintiff. In Montclair, there are two kinds of restraining orders a court can issue, including:

Temporary Restraining Order

This is also known as a TRO. In cases where a temporary restraining order is sought, the measures put in place only last a specific amount of time, as the name might imply. Usually, these orders last until a hearing can be scheduled to implement a final restraining order.

These orders are typically granted relatively quickly, as they usually arise from a criminal complaint filed against the defendant with the police or court system. When a request is filed for a TRO, the judge will only meet with the individual who is seeking the restraining order. In some cases, the petitioner may not need to be present at all, and the first time a defendant hears about the order is when they are being served by the Montclair Police Department.

Final Restraining Order

This is also termed an FRO. In Montclair, a final restraining order is permanent. These orders do not typically have an end date and will remain enforceable until they are lifted by the courts if that event ever occurs. The process involved for seeking these kinds of protective orders is much more intense than for TROs. A superior court judge will hold a hearing, typically at the Essex County Courthouse.

During these hearings, the individual who filed for the order can exercise their rights to present evidence, testify, and even call witnesses, whose testimony can support the need for the restraining order. At the end of the process, the judge will ultimately decide on whether to issue the restraining order. The only way to overturn an FRO is to file a successful appeal.

What Are the Grounds for a Montclair Restraining Order?

In Montclair, when an individual seeks a restraining order, they can only do so on certain grounds. Under the New Jersey Prevention of Domestic Violence Act, a temporary restraining order can be filed if a judge believes that the following elements are present in a case:

• The defendant and plaintiff involved in the case meet the requirements for a relationship under the Prevention of Domestic Violence Act. This means they are either married, were previously married, are dating, were previously dating, share a child, are expecting a child together, live together, or previously lived together.
• A certain act of domestic violence has occurred, such as harassment, stalking, assault, sexual assault, criminal restraint, or threats of a terroristic nature.
• The restraining order is necessary to keep any further acts of domestic violence from happening. This order can be put in place to safeguard the plaintiff from the defendant. It can keep them from having any contact with the alleged victim of domestic violence until a hearing for a final restraining order can be scheduled.

In some cases, a plaintiff might request that a final restraining order be put into place once the temporary restraining order has expired. A judge from the Essex County Courthouse can rule in favor of a final restraining order if the following elements are present in the case:

• Domestic violence of a predicated nature has occurred, and there is evidence to support this ruling. Evidence can include any harassing emails, phone calls, voicemails, text messages, or emails. It could also be medical records that indicate victim injuries or eyewitness testimony from the scene of the violent act.
• Any kind of history of domestic violence exists between the two parties.
• The alleged victim fears for their own safety, and the final restraining order is necessary to protect them from the defendant.

No matter what side of a restraining order case you are on, whether acting as the plaintiff or defendant, having an attorney is vital to the protection of your physical and emotional well-being. In 2021, 76.8% of the domestic violence restraining order cases were filed by women. However, this does not mean men cannot be victims of domestic violence. At The Montanari Law Group, we can help.

Speak to a Restraining Order Lawyer in Montclair Today

Whatever side of a restraining order case you might find yourself on, The Montanari Law Group can review your case, collect evidence to support it, and represent you in court hearings. Contact our office today to schedule your initial consultation with our team and learn more about our legal services.