Restraining orders are issued countless times a day in New Jersey. Whether you’re the victim or the abuser in a Domestic Violence, then you’ve heard about restraining orders.
At the beginning of a case, a temporary restraining order is put in place to create a “safe distance” between the parties. Domestic violence cases use restraining orders the most but they are also issued in criminal cases.
For example, if you’ve been charged with assault, harassment, stalking, terroristic threats, endangering the welfare of a child, or any sex crime, then a temporary restraining will most likely be issued.
Restraining orders are intended to provide a “cooling off” period between everyone involved until the case can be heard before a judge. The first type of restraining order that gets issued in both criminal and domestic violence cases is called a temporary restraining order.
A Final Restraining Order is entered at the end of your case. If the judge determines that you are in danger from your abuser, then a final restraining order provides long-term protection for you.
At your trial, the judge hear all of the evidence in a case and has made the determination that a final restraining order is necessary to protect the victim from further harm.
A Temporary Restraining Order is commonly referred to as a TRO (tee-are-oh)
In the Domestic Violence context, this is a legal way to protect you if you are a victim of domestic violence. It’s a judicial order that limits contact between a victim and their abuser. It attempts to control the abuser’s behavior. For example, your abuser may be forbidden from contacting you in any way. This means that your abuser cannot text, email, call, or communicate through another person.
The restrictions contained in this type of court order are based on circumstances that vary from case to case.
For example, one of our Bergen County clients suffered from drug & alcohol addiction. He would often drink & drug and become abusive towards his wife. To make matters worse, their children would witness domestic violence.
One night his wife feared for her life and called 911. The Saddle River police arrived, arrested our client, and charged him with marijuana possession, terroristic threats, assault, and endangering the welfare of a child. The police removed our client from his home & a temporary restraining order was issued.
This restraining order stayed in place for months. As a result, our client had to move out of his home and had limited contact with his children and could not have any contact with his wife. To make matters worse, DYFS opened an investigation in our client.
Our lawyers successfully got his criminal charges dismissed and DYFS closed their investigation. We’re happy to say that our client got the addiction treatment he desperately needed and eventually reconciled with his wife. They saved their marriage & the children enjoy a peaceful home.
A TRO will continue in effect until:
If you go to trial and win your case, the order will be removed.
If an FRO was entered against you in New Jersey, it will never expire unless one of the following occurs:
Since Final Restraining Orders Never Expire in New Jersey, you really need to be prepared for your hearing.
If the Court has entered a FRO against you, this means that you cannot contact the victim in any way, shape or form. This includes contact through a 3rd-party.
A 3rd-party means using your friends or family to contact the other person.
Other consequences of a FRO may include:
You never want to violate the terms of the final restraining order. A violation will result in further complications. For example, you may be re-arrested and charged with contempt of court.
Read more to learn about the consequences of violating a final restraining order.
Restraining orders are used in domestic violence & criminal cases.
Don’t be surprised if you got charged with Simple Assault, Terroristic Threats, or Stalking on the same day that a restraining order was issued.
In conclusion, these types of cases are very complicated.
More often than not, if you have you get a TRO you, you’re probably facing criminal charges too.
You will need to appear in both criminal court and family court.
The consequences of getting a criminal conviction & a final restraining order are very serious.
Don’t risk getting a criminal record.
Let us help you.
You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.
Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey complex as well as nearby cities. The New Jersey Law Journal recently published one of his articles on the subject of criminal law.
Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.
If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.
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Our Hackensack criminal lawyers represent clients in Bergen County & nearby counties & cities.
There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.
The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.
We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars.
When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.