Temporary Restraining Order Attorneys Passaic County NJ
Passaic County Attorneys handle TRO cases for clients in Woodland Park, Paterson, Wayne, Clifton, West Milford and across Passaic County, NJ
A temporary restraining order, also known as a TRO, is a court order designed to protect an individual from an abuser. TROs are not permanent and can be modified, dismissed, or contested by the opposing party at a final hearing.
How is a TRO issued?
In some circumstances, the police are called and respond to a domestic dispute. Upon arrival at the location, the police speak with witnesses, gather information, and make observations concerning the situation. If it appears that the circumstances giving rise to the altercation were the result of a domestic dispute, charges will be filed. In charging the complaint, the police notify the victim of domestic violence that he or she has the right to seek a temporary restraining order. If the victim advises the police that they would like a temporary order of protection, they must speak with an on-call judge, usually at the municipal court level.
The police then assist the victim of domestic violence in seeking the temporary restraining order by informing them of their rights and putting them in contact with the municipal judge. Then, the victim goes before the judge and explains the situation that led to the request for the temporary restraining order. For example, the victim will explain the altercation that immediately preceded the request for the temporary order, as well as the nature of the relationship with the alleged abuser.
Nature of the Relationship with the Abuser
The nature of the relationship with the abuser is a requirement for obtaining a temporary order. For instance, domestic violence only occurs between two people that are or were in a dating relationship, family members, married, have a child in common, or household members. Therefore, a friend or neighbor cannot seek a temporary restraining order unless they can prove one of the above factors.
Once the relationship is established and the facts are set forth to the court, the court will decide whether the person appears to be in fear for his or her safety and if a temporary order should be issued.
In many cases, temporary orders are issued because only the victim’s information and rendition of the events was put before the initial judge. The defendant (the person against whom the order is sought) has no right to be present and has no knowledge that the order is being issued. Only after the temporary order is issued will the Defendant be notified and served with the order.
Instructions, Restrictions, and Provisions of a TRO in New Jersey
The police take the temporary order signed by the judge and personally serve the defendant with the order and seize all firearms that the Defendant may have. The officer writes down the date, time, and location in which the order was served and forwards the signed order to the Family Division in the county in which the case will be heard.
Once the Defendant is served with the order, he or she must abide by all instructions and restrictions as noted in the order. If a person fails to abide by the no contact provisions of the order or violates the order in any way, he could be charged with an offense of contempt. A charge of contempt, depending on the nature of the contact, can either be a disorderly person’s offense or a fourth-degree criminal offense. It is advisable not to have any contact with the Plaintiff/victim until the date of the final restraining order (FRO), in the presence of the court.
A date for a final restraining order hearing will be noted on the temporary order. That final hearing is a day that both parties go before the court to set forth (Plaintiff) the allegations or contest (defendant) the allegations that led to the temporary restraining order. Both parties will be able to testify, present evidence, and set forth facts in pursuit or opposition to a final order.
Contact a Woodland Park Restraining Order and Domestic Violence Attorney Today
It is important to understand the legal aspect of obtaining or contesting a restraining order and to have an attorney representing you with experience handling these cases. Consult with our office today to discuss representation in a final restraining order hearing.
If you are not familiar with the legal system it can become quite complicated and confusing. If you are being accused of domestic abuse or violating a restraining order we highly recommend to speak to an attorney at Del Sardo & Montanari today. One of our skilled attorneys will be able to defend your case and help answer all your questions.