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New Jersey Restraining Order Lawyers
Restraining Order Defense Attorneys in Clark, NJ Providing Strong Legal Defense in Essex County, Hudson County, Middlesex County, Union County, and Throughout NJ
When a restraining order is unfairly or unreasonably imposed upon you, it can limit your movements, your activities, and your freedom in ways both big and small. Don’t just accept the order without a fight, assuming it won’t affect your life that much. The restrictions you’re facing can interfere with life on a daily basis, and if the judge decides to grant a final restraining order, these restrictions could last a lifetime. The New Jersey restraining order lawyers at Team Law are committed to defending respondents against unfair court orders and protecting their freedom.
We offer a confidential free telephone consultation, so you can find out your options with no risk involved. Contact us today to get started.
Restraining Orders in New Jersey
Restraining orders limit the rights of the defendant or respondent, ostensibly for the protection of an alleged victim, known as the petitioner or protected person.
In New Jersey, the terms imposed by a restraining order may restrict the respondent from one or more of the following:
- Harassing the protected person by any means
- Harming or threatening the protected person
- Contacting the protected person by any means and for any reason
- Going within a specified distance of the protected person, their home, and potentially other specified locations they routinely visit
- Possessing firearms
- Having custody of or visitation with your child
The terms of the restraining order apply even when your activities have nothing to do with the protected person. For example, they may restrict you from going to community events or gatherings where the protected person might be. You may even have to avoid places where you have completely reasonable business to attend to because of potential proximity to the protected person, forcing you to change your routine and find a new gym, doctor’s office, grocery store, and more.
Depending on the circumstances, you may lose access to a home you shared with the petitioner, lose custody (at least temporarily) of your children, and have possession of your pet awarded to the petitioner. You may need to surrender any firearms currently in your possession, and your permit to legally purchase firearms in the state may be revoked. All the while, you may still be responsible for paying to support your accuser.
Although a restraining order, in and of itself, is a civil matter, its impact on your freedom and your life is significant. In some cases, you might also face criminal charges arising out of the allegations the petitioner has made against you.
Temporary Restraining Orders
New Jersey judges impose both temporary and permanent restraining orders.
When a petitioner begins the process of filing a restraining order, they must provide the details on which a judge will base the decision of whether to issue a temporary restraining order, or TRO. A temporary restraining order can be issued against you with comparably minimal evidence, without proving that you actually committed an act of domestic violence. A TRO may also be imposed without you having a chance to defend yourself.
When you are served with a temporary restraining order in New Jersey, you must immediately comply with its terms, even if those terms mean vacating your home and surrendering your guns. Otherwise, you risk facing further legal issues.
Temporary restraining order measures apply only for a short period of time, until a scheduled hearing before a judge to decide whether a permanent court order will be imposed. This hearing is usually scheduled within 10 days.
Final Restraining Orders
A final restraining order (FRO) in New Jersey lasts indefinitely. It has no expiration date. Once it is issued against you, you must either follow its terms for life or go through the complex legal process of seeking to modify or terminate the court order.
Before a judge will issue a final restraining order, you will have the opportunity to present your case for not granting the FRO.
How Team Law Can Help You Fight a Restraining Order in NJ
Fighting a restraining order petition isn’t easy, but it may be your only option to preserve your rights and freedom.
Legal Representation in a Restraining Order Hearing
Contesting the petitioner’s request for a court order that limits your activities must be done during a scheduled court hearing.
It is critical that you are represented by an experienced defense lawyer at this hearing. Professional legal representation by skilled restraining order defense attorneys in Clark, NJ, offers you the best chance of successfully presenting your case and persuading the judge that the FRO is not necessary, warranted, or fair.
Once a judge issues a final restraining order, it becomes much more difficult to lift the restrictions imposed by this court order. That’s why prompt action is critical. You only have a matter of days to build your case and prepare for the hearing.
Our full-service New Jersey restraining order lawyers have the experience needed to fight to have a TRO lifted, prevent a TRO from becoming final, and develop a strong defense against any underlying domestic violence charges. We’re familiar with the unique challenges of restraining order cases, including the short time to take action and the biases that could work against you, and we’re prepared to overcome these obstacles with meticulous case preparation and a robust, personalized defense strategy.
The Key Elements Judges Consider in Restraining Order Hearings
If you have had a TRO issued against you, our lawyers are here to protect your rights and your freedom. You need someone advocating for you who knows how to successfully prepare a defense for a restraining order.
At Team Law, we’re familiar with the key elements the judge will consider when deciding whether to impose a final restraining order, particularly:
- Whether there was any prior history of domestic violence
- Whether the preponderance of evidence establishes that the alleged incident of domestic violence that gave rise to the petition really occurred
- Whether the alleged victim has reasonable cause to fear for their future safety
Thanks to our diligent case preparation and commitment to our clients’ causes, this is where the New Jersey restraining order lawyers at Team Law shine. As seasoned defense lawyers, we’re skilled negotiators with considerable experience advocating for clients’ rights before a judge. We collect and present all relevant evidence to make the strongest possible case on our clients’ behalf.
Why Choose Team Law?
At Team Law, our trusted defense lawyers are known for our long history of fighting to get our clients results.
Decades of Experience
Team Law has served the New Jersey region for 60+ years. With a longstanding focus on representing people, not corporations or government entities, we defend respondents against unfair restraining orders and represent the accused when criminally charged with domestic violence offenses.
Whatever the extent of the legal help you need right now, you can count on our firm to pursue the most favorable outcome possible for your situation.
Our Commitment to Results
The restrictions a restraining order can impose on you are substantial and potentially life-altering.
We know that the best possible path to avoiding these restrictions is a robust defense based on the particulars of your situation, so we’re fully dedicated to developing the most effective defense strategy for your unique case.
A Free Initial Consultation
When you’re wondering whether hiring an attorney for your restraining order case is worthwhile, you need to make a fully informed decision. You can’t do that without knowing the basics of the legal process ahead of you.
At Team Law, we offer a free, confidential initial phone consultation that allows you to better understand your rights, options, and what to expect from the legal process. No respondent should go into the restraining order hearing process without having at least preliminary guidance from a knowledgeable legal professional. Through this initial consultation, we hope to not just ease your mind but identify a path to achieve the most favorable outcome for you.
Contact Seasoned New Jersey Restraining Order Lawyers at Team Law Today for a Free Initial Phone Consultation
Team Law is ready to put our knowledge of the law to work for you. For help from our experienced restraining order defense attorneys in Clark, NJ, contact us online or call us today.
Frequently Asked Questions About Restraining Order Offenses in New Jersey
When you are served notice of a temporary restraining order against you, you must comply with its terms immediately. Doing so can be complicated, and you only have a limited time to begin preparing for the scheduled hearing during which a judge will decide whether to grant a final restraining order against you.
Your first step, once you have read the notice you received in full, is to consult experienced New Jersey restraining order lawyers to guide you through this complicated process. You should also begin gathering any documentation or evidence that may be able to support your claim, because your attorney will need these facts as they begin developing your personalized defense strategy.
Restraining orders can be issued on a temporary basis based upon any showing of credible evidence of domestic violence. This means that TROs are routinely issued based on mere allegations of domestic violence without actual proof. Unlike in a criminal matter, there is no need to prove guilt beyond a reasonable doubt.
Because of their permanence, the standard for imposing a final restraining order is somewhat higher. You also have the opportunity to not only defend yourself but also retain knowledgeable New Jersey restraining order lawyers like Team Law to prepare your case and represent you in the court hearing.
Although the terms of the temporary restraining order may be difficult to accept, what’s most important now is preparing to successfully fight the petition for a final restraining order.
TROs are often based upon unproven allegations, but during a hearing in which the judge will decide whether to issue a final restraining order, both parties have the opportunity to present evidence supporting their viewpoint.
As your restraining order defense attorneys in Clark, NJ, Team Law will work with you to build a strong defense based on the evidence. Depending upon the facts, we can work to show that the accuser does not have reasonable cause to fear for their safety or even that the underlying act of alleged violence never actually occurred.
Hiring a lawyer to assist you with a restraining order hearing is the best move you can make in this situation. When you’re unfamiliar with the nuances of the legal process, having professional guidance throughout the proceedings is advantageous. Our restraining order defense attorneys in Clark, NJ, know what it takes to develop a strong, compelling strategy to detail to the judge exactly why the restrictions imposed by a court order would be unwarranted and unfair in your situation.
Additionally, in many cases, a restraining order is issued in conjunction with an arrest on criminal domestic violence charges. You may be facing criminal charges that are to be handled in Superior Court along with the civil matter of the restraining order, which is handled in family court. The attorneys at Team Law are equipped to assist you with both criminal domestic violence allegations and civil restraining order defense, if needed, to help protect your rights.
Violation of a restraining order, even a temporary one, is a serious criminal offense. As a fourth-degree felony charge, violating a restraining order in New Jersey could lead to penalties such as up to 18 months in prison and up to $10,000 in fines.
If you are accused of violating a restraining order, you need to speak to an experienced criminal defense attorney right away. You should also proactively consult an attorney if you are unsure of how to comply with the restraining order you received or are seeking assistance defending yourself in a restraining order hearing.
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