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.
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.
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.
a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.
***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.
Reasonable suspicion is a “search” standard that applies in criminal law.
When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.
A mere “hunch” is not enough.
In other words, a police officer has to provide an acceptable explanation for the search.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.
b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.
c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions