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How to Avoid a Final Restraining Order in Trenton
Being served with a temporary restraining order in New Jersey is not something to take lightly. If the temporary restraining order (TRO) is to become a final restraining order (FRO) it could have some rather significant ramifications for the Defendant. That is just one of the many reasons that if you or a loved one finds themselves in this situation that you speak to an experienced domestic violence defense attorney as soon as possible. If you have been served with a TRO it does not necessarily mean that the parties must go forward with a final restraining order hearing. An FRO hearing is in essence a mini trial, where both parties will be called upon to testify and be subject to cross examination. These hearings are usually very emotional and a lot of personal information tends to be aired out in open court. That is why, if feasible, the parties may consider entering into what is known as Civil Restraints. If civil restraints can be agreed upon, the temporary restraining order would be withdrawn. For more information on civil restraints, please feel free to contact the Law Offices of Proetta & Oliver at 609-789-0779.
What is Civil Restraints?
Civil restraints is basically a consent order between the plaintiff and the Defendant which will dictate how the parties will interact moving forward. Some of the most common issues that can be agreed upon include the following:
- How the parties will communicate moving forward;
- Child Custody;
- Parenting Time;
- Unresolved Property Issues
If the parties can agree upon the terms, a consent order will be drafted and signed by both parties. Once that occurs, the parties will go before the Judge originally assigned to the restraining order and they will incorporate the terms of the agreement into the court record. Once that is finalized, the plaintiff will withdraw the temporary restraining order and the civil restraints will control moving forward. If the parties already have a pending divorce or child custody agreement in place then the civil restraints would need to be docketed under that file number.
Civil restraints is a great alternative to a final restraining order. It will provide the plaintiff with the protection that they were seeking from a restraining order without exposing the defendant to the ramifications of a final restraining order. It will also remove the need of having a final restraining order hearing where both parties will be forced to discuss some of their most persons, intimate interactions. For more information on civil restraints and the benefits to which they provide, please contact our Hamilton office at 609-789-0779 and one of our attorneys would be glad to go over your options.
Mercer County NJ Civil Restraint Lawyers
The domestic violence defense attorneys at Proetta & Oliver fully understand the stress and emotions that come when someone is served with a temporary restraining order. As such, our attorneys are dedicated to working very closely with our clients in order to make sure that their needs are fully addressed and their rights are fully protected. If you have been served with a temporary restraining order, issued a violation of a restraining order or seeking to remove a final restraining order in Mercer County, we can help. Our office serves all of Mercer County including Princeton, Hamilton, Ewing, Lawrenceville, Robbinsville, East Windsor, West Windsor and Hightstown. To speak to one of our attorneys today, please contact us directly at 609-789-0779.