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Final Restraining Order Lawyers in Mercer County
In New Jersey, a victim of an act of domestic violence has the right to obtain what is known as a temporary restraining order (TRO) against a Defendant. A TRO is exactly what it sounds like, temporary. In order for a TRO to become a final restraining order (FRO) a formal hearing in the family division of the Superior Court must take place. This hearing is more commonly referred to as an FRO Hearing and it is in essence a mini trial. If you have been served with a TRO it is crucial that you speak to an experienced Mercer County restraining order defense attorney as soon as possible about your options. Time is of the essence when it comes to FRO’s, the parties must appear in court within 10 days. If you have been accused of an act of domestic violence, including simple assault, stalking, harassment, criminal mischief, false imprisonment, aggravated assault and served a TRO the Law Offices of Proetta & Oliver can help. Our attorneys have been defending clients at FRO hearings for almost a decade now. If you have been served with a TRO in Mercer County in towns like Hamilton, West Windsor, East Windsor, Princeton, Hightstown, Ewing or Robbinsville, we can help. If you would like to schedule a consultation today with one of our attorneys then please contact us at (609) 789-0779. We fully understand what a FRO can do to one’s future. For more information on FRO hearings in Mercer County, please see below.
Can I be Found Guilty of a Restraining Order in NJ?
Being served with a TRO can be extremely nerve wracking and to make matters worse, time is really of the essence with these types of cases. Traditionally, in order to obtain a FRO in New Jersey the plaintiff must establish three material elements by a preponderance of the evidence. With that being said, the Courts have issued FRO’s if the plaintiff can establish that the current act of domestic violence is so egregious that an FRO is necessary. The elements are as follows:
- That the Defendant committed a current act of domestic violence:
- There is a past history of domestic violence between the plaintiff and the Defendant; &
- That the FRO is necessary to protect the plaintiff from future acts of domestic violence.
Where are Restraining Orders Heard in Mercer County?
These types of hearings occur in the family division of the Mercer County Superior Courthouse which is located at 175 South Broad Street in Trenton. If the Defendant is also charged criminal with stalking, kidnapping, sexual assault, aggravated assault or false imprisonment than those charged will be litigated in the Criminal Division of the Mercer County Superior Courthouse. As touched upon above, do to the nature of the charges, the parties will be forced to appear in front of a Judge within 10 days of the issuance of the TRO. Therefore, is imperative that you speak to an experienced domestic violence defense attorney as soon as possible about your options. If an FRO is granted the Judge will be forced to impose rather significant consequences.
What are the Ramifications for an Restraining Order in NJ?
Although an FRO is technically civil in nature, the penalties if granted can be worse. If an FRO is granted in New Jersey a Defendant would be:
- Be forced to be placed in a registry;
- Forced to forfeit their weapons;
- Forbidden from returning to their residence;
- Forbidden from any future contact with the victim; &
- Attorneys fees as well may be issued.
Do NJ Restraining Orders Ever Go Away?
In addition, if an FRO is granted, it is for life. Unlike most other states, FRO’s in New Jersey will never go away. The only way to remove a FRO is to file a formal motion in the Superior Court and traditionally a substantial time period would need to have lapsed before a Judge would even entertain such a motion.
Final Restraining Order Attorneys in East Windsor
As you can tell from reading above, restraining orders are serious matters that require the assistance of an experienced Mercer County domestic violence defense attorney. If you have been served with a FRO in Hamilton, Hopewell, Lawrence, Princeton, West Windsor, Trenton or elsewhere in Mercer County, the Law Offices of Proetta & Oliver can help. If would like to speak to one of our attorney about your options then please contact us directly at (609) 789-0779. Please remember that time is of the essence.