Contact Our Jersey City Criminal Defense Firm To Speak To A Highly Skilled Former Prosecutor About The Domestic Violence Final Restraining Order You Are Facing
A defendant who has been issued a temporary restraining order (“TRO”) in Bayonne, Jersey City, West New York, Union City, Hoboken, Weehawken or another Hudson County municipality because of allegations of domestic violence is required to answer the allegations at a final restraining order (“FRO”) hearing or the restraints become permanent. This hearing is civil in nature and conducted at the Family Division of the Hudson County Superior Court located at 595 Newark Ave, Jersey City, New Jersey. The proceeding is the only opportunity someone accused of simple assault, harassment, terroristic threat or another act of domestic violence has to prevent the restraining order from becoming permanent and final. It is therefore important for you to secure the very best Jersey City restraining order defense lawyer if you are the subject of a domestic violence complaint and temporary restraining order in Hudson County.
The attorneys at our firm, Law Office of Jonathan F. Marshall, have the qualifications needed to successfully defend your final restraining order hearing in Jersey City. Our team is comprised of ten (10) criminal litigators, most of whom are former municipal and county prosecutors, that have over 150 years of combined experience representing clients at Hudson County final restraining order hearings. We are accomplished Hudson County domestic violence lawyers with the skill to secure a dismissal of the restraining order entered against you. If you would like to speak to one of our attorneys at the firm about your situation, contact our Jersey City office at (201) 309-1800 for a free consultation.
Jersey City NJ Restraining Order Hearings
There are some basics that you should know if you have been served with a temporary restraining order. The following are some of the more common questions someone in your position possesses:
When Does The Final Restraining Order Hearing Take Place? Pursuant to the court rules, a final restraining order hearing shall take place within ten days of the issuance of a temporary restraining order. As previously stated, the FRO hearing is heard in the Family Division of the Hudson County Superior Court.
What Is The Burden Of Proof That Must Be Satisfied In Order For The Plaintiff To Secure A Permanent/Final Restraining Order? Unlike the criminal burden of proof, beyond a reasonable doubt, the victim will be held to a much lower threshold – a preponderance of the evidence. What this means is that the victim must establish that what he/she is claiming is more likely than not to be true (e.g. 51% probable) in order to sustain the restraining order.
Is There The Possibility Of Facing Both A Restraining Order Hearing And Separate Criminal Case? Yes. If the police determine that there is probable cause to believe you committed simple assault, aggravated assault, stalking or another criminal offense against the victim, a charge will be issued.
Can The Defendant Conduct Discovery Prior To The Hearing? Yes, but on an extremely limited basis. A party may seek police reports, the recorded statement given in support of the TRO or medical records relating to the injuries claimed by the victim.
What Is Required For The Judge To Enter A Final Restraining Order? The standard for entry of a final restraining order is set forth in Silver v. Silver. In this regard, the first thing the court must find is that the defendant committed a predicate act of domestic violence (e.g. simple assault, aggravated assault, harassment, terroristic threat, stalking, burglary, criminal mischief, criminal sexual contact, etc.). A savvy Jersey City restraining order defense lawyer will attack the allegations of misconduct, attempt to discredit the accuser and utilize his skills to do whatever is necessary so that the judge is unable to find that the victim his satisfied his/her burden of proof. If the plaintiff is able to convince the judge that a predicate act occurred, there is a second element that must be established before a final restraining order may be issued. The court must find, by a preponderance of the evidence, is that a restraining order is necessary to protect the victim from an immediate danger or to prevent further abuse.
How Does A Prior History Of Domestic Violation Play Into The FRO Hearing? A judge is required to consider the prior history of domestic violence between the parties, for example, threats, harassment or physical abuse, in determining whether to enter a restraining order that is permanent/final. A common strategy utilized by the victim and/or law enforcement is to introduce prior reports of the police in Secaucus, North Bergen, West New York, Jersey City, Union City or another department. The victim may also utilize prior medical records or domestic violence complaints.
Can The Judge Issue Relief Beyond Entry Of A Final Restraining Order? Yes. The judge has broad discretion to award a range of relief, in addition to issuing permanent restraints. The court may award: (1) exclusive possession of the residence shared by the parties; (2) temporary custody of children; (3) child support; (4) compensatory and/or punitive damages; (5) require the defendant to undergo counseling; and (6) any other reasonable relief under the circumstances.
What Is The Difference Between a No Contact Order & A Restraining Order? A no contact order is typically something that is put into place when a criminal offense is written involving two parties that the court deems should have no communication or personal contact. A restraining order is a formal adjudication by the court that an individual has committed an act of domestic violence against a particular individual.
How Do Civil Restraints Differ From Issuance Of A Final Restraining Order? Civil restraints are put into place as the result of negotiations between the parties. It is a negotiated agreement that there will be no contact. If this agreement is violated, a litigant can apply to the court for sanctions. Conversely, a final restraining order is a bar to any communication or contact resulting from a court finding that the accused committed domestic violence. A violation of a restraining order results in issuance of a criminal charge, arrest of the defendant and detention until such time as a first appearance is conducted.
Jersey City, NJ FRO Defense Attorney
The issuance of a restraining order can have a severe impact so it is imperative that you seek representation from a accomplished restraining order attorney in Jersey City. Here at the Law Offices of Jonathan F. Marshall, we possess a staff of skilled lawyers who have won countless final restraining order hearings in Hudson County and elsewhere in the state. If you are looking for a powerhouse defense firm that can get you the result you need, contact us anytime 24/7 to speak to a lawyer on our team. We know the county court system in Jersey City intimately, as well as the municipal courts in Hoboken, Weehawken, Union City, North Bergen, Secaucus and other local towns, to ensure that there are no surprises. Contact us at (201) 309-1800 at your convenience for the legal assistance you need and deserve.
