DOMESTIC VIOLENCE LAWYER UNION COUNTY, NJ

New Jersey takes accusations of domestic violence very seriously.  Any domestic violence accusation arising out of Union County, NJ is significant.  Aside from the criminal implications that may arise from a domestic violence offense, there are civil consequences as well such as restraining orders.  It is important that anyone accused of domestic violence in Union County, NJ consult with a Domestic Violence Lawyer Union County, NJ who provides aggressive representation.

Domestic Violence Lawyer Union County NJ – Call (908)
358-2938

What is a
Restraining Order?

In broad terms, a restraining order is simply a court
order prohibiting contact and/or communication by another party with the person
seeking the order.  It is designed to
protect against domestic violence.

There are two types of retraining orders in New Jersey: a
temporary restraining order (“TRO”) and a final restraining order (“FRO”).

TEMPORARY RESTRAINING ORDERS

Temporary restraining orders are not handled by a New
Jersey criminal court.  Instead, they are
filed in Family Court.  In order to obtain
a TRO in New Jersey, the person seeking the order must have standing.  In order to have standing, the person seeking
the TRO must fall into one of the following categories:

• The parties were in a dating relationship at
  some point;
• The parties resided together at some point; OR,
• The parties have a child together.

Those that have standing to file a TRO may then obtain
the order if the following factors are presented to the Family Court:

• An act of domestic violence has occurred – Acts
  of domestic violence are crimes; including: assault, harassment, stalking,
  terroristic threats, and more.

• Prior history of domestic violence – Many times,
  a victim must show that there have been previous acts of domestic violence to
  show the court that there is a course of conduct. However, there are
  exceptions. When the act that resulted in the filing of the TRO is particularly
  egregious, the court may decide to issue the TRO

• The TRO is necessary to protect the victim –
  This means that a reasonable person in the same situation would be in fear of
  his or her safety.

Whenever these factors are show, the court may grant a
TRO.

FINAL RESTRAINING ORDERS

After the TRO has been issued, a hearing will be
conducted in Family Court in order to determine whether the TRO should become
final.  Whereas a TRO can be issued
largely upon allegations, the FRO hearing requires proof.  The allegations must be proven by a
preponderance of evidence.  At the
hearing, the person who filed the TRO will testify and provide evidence of the
domestic violence offense.  Afterwards,
the person against whom the TRO has been filed can testify and provide evidence
rebutting the allegations.  The judge can
question the witnesses and the parties may cross-examine each other during the
proceeding.  After the evidence has been
submitted to the court, the judge will agree to issue the FRO or deny it.

Removing a
Restraining Order

If the judge grants the FRO, the party against whom the
FRO was sought faces permanent restrictions on his or her life.  FROs can only be removed if the alleged
victim or a court decides to remove it. Therefore, FRO hearings must not be taken
lightly.

Violating A
Restraining Order

A violation of a domestic violence restraining order is a criminal offense and can result in serious consequences, including jail.

The Sloan Law Firm – Free Consultations Available

If you have a question or a pending TRO/FRO hearing arising out of Union County and would like to speak with a Domestic Violence Lawyer Union County, NJ, you can call The Sloan Law Firm at: (908) 358-2938.  The initial consultation is always free.