Restraining Orders Lawyers Morristown, NJ
New Jersey Domestic Violence Attorneys Represent Clients Facing Restraining Orders in Morris County and Essex County, NJ
People sometimes use restraining orders, intended to protect victims of domestic violence, as weapons in disputes between spouses, domestic partners, and parents. Being on the receiving end of a restraining order, either temporary (TRO) or final (FRO), can turn your life upside down. That’s why it is important to consult an experienced New Jersey restraining order attorney to preserve your rights and ensure that you do not become the victim of a frivolous complaint of domestic violence.
At Hanlon Dunn Robertson Schwartz, our Morris County criminal defense lawyers help men and women who are the subjects of restraining orders. Our skilled legal team includes former prosecutors and attorneys certified by the Supreme Court of New Jersey in criminal trial law and matrimonial law. With both family law and criminal defense attorneys, our firm is well equipped to help clients facing restraining order hearings in Morris County or anywhere else in New Jersey.
Information About New Jersey Restraining Orders: TROs and FROs
What are restraining orders?: People seek restraining orders to prevent another person from contacting them or communicating with them. Unfortunately, some people against whom restraining orders have been imposed are punished — even when they did nothing wrong. They may lose their rights to have a firearm. If the victim says that that the perpetrator violated the restraining order, then that person could wind up with a criminal record. If the person is a parent, they could become ineligible for parenting time or visitation. In short, the stakes of a restraining order hearing in Morris County are high.
Types of restraining orders: There are two types of restraining orders: temporary (TRO) and final (FRO). Temporary restraining orders are relatively easy to obtain. A judge may approve a request for a TRO after hearing charges from the alleged victim; the standard of proof is relatively low. TROs are in effect for up to 10 days. After 10 days, the court will conduct a hearing to determine whether the TRO should become an FRO and be permanent.
Standard of proof for an FRO: The standard of proof at an FRO hearing is higher and requires the judge to consider the preponderance of the evidence and decide whether that evidence makes it more likely than not that domestic violence occurred. These hearings involve witness testimony, cross-examination, and evidence such as emails, texts, and phone messages. A decision to issue an FRO often hinges on whether the judge finds that an act of domestic violence occurred, whether there is a history of domestic violence in the case, and whether the victim’s fears are reasonable.
Domestic violence in the context of a final restraining order: The judge must decide whether the victim suffered incidents of domestic violence, such as:
If a judge agrees that a predicate act of domestic abuse occurred, he or she may issue the final restraining order.
Contact an Experienced NJ Restraining Order Attorney in Parsippany, New Jersey
If someone is seeking a restraining order against you, it is important to have legal representation to protect your rights, your relationship with your children, and your future. Call the experienced New Jersey restraining order lawyers at Hanlon Dunn Robertson Schwartz, or contact us online.
We handle restraining order matters throughout Morris County, NJ, including Parsippany, Morristown, Washington Township, Dover, Denville, East Hanover Township, Victory Gardens, Boonton Township, Harding Township, and Mount Arlington, NJ.