The Skilled Attorneys & Former Prosecutors In Our Jersey City Office Have Over 150 Years Of Combined Experience Defending Restraining Orders In Hudson County
The filing of a domestic violence complaint at the Domestic Violence Intake Unit of the Hudson County Superior in Jersey City or in a local police department like Union City, Hoboken, Weehawken or North Bergen can result in issuance of a temporary restraining (“TRO”) for a variety of reasons. Since a requirement to issuance of a TRO in this fashion is the commission of some form of domestic violence in Hudson County, a TRO is often accompanied by one or more criminal charges (e.g. stalking, harassment, terroristic threats, criminal mischief, simple assault or aggravated assault). The complicated and risky nature of a domestic violence temporary restraining order makes it absolutely imperative that you secure representation from a skilled restraining order defense attorney in Jersey City.
A temporary restraining order can lead to a wide range of relief for someone who is the victim of domestic violence. The TRO typically bars the accused from returning to the residence, having visitation with his/her children, possessing firearms and, most importantly, having any contact with the victim (e.g. telephone, email or text communications). As the term implies, however, the restraints imposed by a TRO are temporary. A final restraining order hearing must be conducted at the Family Division of the Hudson County Superior Courthouse, 595 Newark Avenue, Jersey City, New Jersey, to determine whether the restraints become permanent and final. Having the best lawyer you can find at your side when you present your defense is certainly advisable since failure to secure a dismissal results in your being permanently prevented from speaking to the victim, return to the shared residence or engaging in many other activities.
We are the Law Offices of Jonathan F. Marshall, a team of 10 criminal defense lawyers with an office at 574 Newark Avenue. , directly across from the courthouse. The domestic violence and restraining order attorneys a the firm include former prosecutors who know exactly how the court system operates. We also happen to possess over 150 years of combined experience successfully representing individuals accused of domestic violence in Hudson County. If you or a loved one has been issued a TRO in Jersey City, Hoboken, West New York, Union City, Secaucus or another local municipality, call (201) 309-1800 for a free consultation with a lawyer who is highly experienced in restraining order defense.
Jersey City NJ Temporary Restraining Order
N.J.S.A. 2C:25-28 is the New Jersey Law which outlines many of the important characteristics of a temporary restraining order issued in Jersey City or another vicinage in the state. The headings that follow discuss the most frequently encountered issued under this statute.
Can A Temporary Restraining Order Be Issued Without The Court Or Police Even Speaking To Me? Yes. The law allows a TRO to be issued ex parte. This is the latin term for issuance based on the interests of one side only.
What Relief Can Be Granted In A Temporary Restraining Order? The court can bar the accused from: (1) returning to a shared residence or the place of employment of the victim; (2) possessing a weapon including, but not limited to, a firearm; (3) further acts of domestic violence against the victim; (4) have custody or visitation with the children of the relationship; (5) any communications with the accuser; and (6) any other relief the court deems necessary (e.g. temporary financial support).
Does Someone Have To Provide Testimony In Order To Obtain A TRO? Yes. A judge must listen to testimony from the police and/or victim but this does not have to take place in a face to face proceeding. Court Rule 5:7A(b) allows the testimony to be communicated by telephone, radio or other electronic means.
What Must Be Shown For The Judge To Issue A Temporary Restraining Order? The judge is supposed to grant a temporary restraining order if he/she finds, based on the evidence presented, that there is good cause to believe that restraints are necessary to protect the victim.
Is There Jurisdiction To Issue A Restraining Order Even Though I Reside Outside Of New Jersey? Yes. As long as the one of the parties now resides in New Jersey or the act of domestic violence occurred in the state, a restraining order may be issued against a defendant residing outside of New Jersey.
Who Has Standing To Obtain A Temporary Restraining Order? There are generally five (5) classes of individuals who are eligible for a TRO, namely, those who have enjoyed the following relationships with the accused: (1) a spouse or former spouse (i.e. husband or wife); (2) present or past boyfriend or girlfriend; (3) present or former household member; (4) someone who has a child in common or who is anticipated to have a child in common; or (5) an individual who was in a dating relationship.
Can I Be Arrested For Violating A TRO Even Though The Victim Subsequently Dismissed? Yes. A restraining order violation (a.k.a. criminal contempt), occurs when someone engages in conduct that is contrary to a TRO. It is irrelevant to the restraining order was subsequently dismissed in terms of the law.
Jersey City, NJ TRO Defense Attorney
A TRO can certainly have a severe impact on your life. The situation is even more daunting when you consider that the restraints become permanent if you fail to successfully defend your upcoming final restraining order hearing. The attorneys at our Jersey City law firm are seasoned litigators with decades of appearances in the Hudson County Superior Court, as well as in local municipal court on domestic violence criminal charges. An attorney with the skill to mount a potent defense to your restraining order is ready to speak to you anytime 24/7. If you would like a free initial consultation with any one of the 10 TRO lawyers at the Law Office of Jonathan F. Marshall, please contact us at (201) 309-1800.
