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New Jersey judges have the authority to issue a restraining order if you are accused of committing an act of domestic violence. Temporary restraining orders (TROs) can be issued without proving that you actually committed an act of domestic violence. TROs based upon domestic violence can also be finalized within a mere 10 days after issuance. If you have been accused of domestic violence or are subject to a TRO, it is critical to speak with an experienced lawyer as soon as possible.
At Team Law, our trusted defense lawyers have been working to protect clients’ rights for more than 60 years. With our proven team by your side, you can rest assured that we will do everything possible to get the best outcome in your case. Our full-service lawyers have the experience needed to fight to have a TRO lifted, prevent a TRO from becoming final and to develop a strong defense to any underlying domestic violence charges.
Have A Restraining Order Issue Or Facing Domestic Violence Charges? Have Questions? We Can Help. Tell Us What Happened.
If a TRO has been issued, our lawyers are here to protect your rights and your freedom of movement. We know that situations involving domestic violence are almost always complex and emotionally charged. A skilled, compassionate domestic violence defense lawyer can handle the legal aspects to help you put a difficult time behind you.
At Team Law, we know the law and are ready to put that knowledge to work for you. Call our office today to schedule a free and confidential consultation with an experienced domestic violence and restraining order defense lawyer.
Domestic violence issues in New Jersey are governed by the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17). The law protects against all forms of domestic abuse at the hands of certain specified individuals, including abuse allegedly perpetrated against a person over age 18 by:
The law identifies multiple criminal offenses that are treated as domestic violence offenses when perpetrated against another person who shares a relationship described above. Examples of the types of crimes included are:
In many cases, a restraining order is issued in conjunction with an arrest on charges that the defendant committed one of these listed offenses. However, the underlying charges are handled in Superior Court, while the restraining order, which is technically a civil matter, is handled in Family Court. Our lawyers at Team Law are equipped to handle both the criminal domestic violence allegations and civil restraining order defense.
Restraining orders can be issued on a temporary basis based upon any showing of credible evidence that domestic violence has occurred. Practically, this means that TROs are routinely issued based upon mere allegations of domestic violence. Unlike in a criminal matter, there is no need to prove guilt beyond a reasonable doubt.
However, TROs are only effective for ten days. After this point, a hearing is held to determine whether the TRO should be made final. It is critical that you are represented by an experienced defense lawyer at this hearing—because once a TRO is finalized, it becomes much more difficult to lift the restrictions. The key elements the judge considers when deciding whether to finalize a TRO are:
Our defense lawyers at Team Law are skilled negotiators and experienced in advocating for clients’ rights before a judge. We will collect and present all relevant evidence to make the strongest possible case to prevent a TRO from becoming finalized.
In some cases, while domestic violence charges remain pending, the judge may be inclined to make the TRO final. Our lawyers’ goal is to reach a result that protects your best interests—often, by arguing to relax or remove some of the restrictions originally placed in the restraining order.
Having the best possible lawyer by your side is important because of the substantial restrictions a restraining order might contain to prevent future domestic violence, such as:
At Team Law, our skilled domestic violence defense lawyers will form a comprehensive defense plan strategically designed for your unique situation. Contact Team Law today to speak with an experienced and compassionate lawyer about your domestic violence charges or restraining order. We offer a free initial consultation for all potential clients.
Violation of a restraining order is an additional criminal offense that can be charged in conjunction with the underlying domestic violence charges. It is a fourth-degree felony, meaning you could face an additional 18 months in jail and fines of up to $10,000.
TROs are often based upon unproven allegations. While the timeline is much shorter, a hearing to determine whether a TRO should be finalized allows both parties to present evidence. As in any other case, we 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 his or her safety or even that the underlying act of violence never occurred.
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