Aggressive Defense Attorneys in New Jersey Restraining Order Cases
A restraining order is an effective tool for stopping or preventing domestic violence or abuse, which is a very real and serious problem in many instances. However, a restraining order is such a powerful tool that it can easily be abused or go too far in restricting the civil liberties of the person subject to the order. At Lance Brown & Associates, we stand up for our clients who are falsely accused of domestic abuse or are being harshly punished by the courts without any proof that abuse has actually occurred.
Restraining Orders in New Jersey
In New Jersey, one person can go to court and get a restraining order put in place against another person, even if that other person is not present in court to defend himself or herself. All it takes for a court to issue a temporary restraining order (TRO) is for the applicant to convince the judge that he or she is in danger of domestic violence. In fact, the applicant doesn’t even need to go to court but can apply for a TRO over the phone.
Under New Jersey state law, a restraining order can be obtained against a spouse or former spouse, a current or former member of the household, a boyfriend/girlfriend or ex, or a person you had a child with. Once issued, a TRO has the force of law, and a person can be arrested and criminally prosecuted for failing to follow the terms of the order.
A restraining order can force you to move out of the house, prohibit you from owning a firearm, take away your pet, or do anything else the court deems appropriate, including prohibiting you from having contact with your children and requiring you to pay financial support to the other person. While protections like these may at times be necessary, a restraining order could also be the result of a misunderstanding between the parties or even an intentional desire for revenge or to gain an advantage in a divorce or custody dispute. When a restraining order is sought for improper motives, a strong and aggressive defense is crucial.
Seek Strong, Effective Representation when Facing a Restraining Order
A TRO is only valid for a short period of time. In fact, a hearing is supposed to be scheduled within 10 days after a TRO has been issued to determine whether a final order should be issued, or whether the restraining order should be ended. The court must make a specific finding of domestic violence in order to issue a final restraining order. A final order can be issued for a set period of time, or it may have no expiration date and potentially last forever.
You have the right to be present at and participate in this hearing and be represented by an attorney. Choose an attorney with experience in both civil and criminal law who knows the law and procedures to protect your rights and make sure you are not unfairly taken advantage of in such an important legal proceeding. In New Jersey and eastern Pennsylvania, contact Lance Brown & Associates for immediate assistance.