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Being on the receiving end of a restraining order in Elizabeth or elsewhere in New Jersey is a common occurrence. In New Jersey, restraining orders are granted fairly liberally. Once the police are called to a scene on a domestic violence case, the victim is given the opportunity to request a restraining order. The Judge will be called on the spot and will hear the evidence and determine whether there is a basis for a Temporary Restraining Order. There is no opportunity to tell the other side of the story or to challenge the victim’s evidence. If the police officers have sufficient evidence to arrest (low standard of probable cause) you may be arrested and a Temporary Restraining Order may issue very quickly, on bare allegations. As a result, you may be removed from your home and prevented you from seeing your kids.
If your spouse or domestic partner has obtained a temporary restraining order (TRO), or is even threatening to get one, it is important to protect yourself. You need a criminal defense attorney who knows the laws and procedures associated with domestic violence allegations and TROs. The defense lawyers at the Elizabeth office of Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC have successfully handled many cases involving TROs and final restraining orders (FROs), protecting the interests of our clients and working hard to obtain positive outcomes.
Once you have become the subject of a TRO, it is critical to secure the help of a knowledgeable restraining order attorney as soon as possible. You will need assistance with the next step of the process, which is to appear at a hearing that determines whether you will be on the receiving end of a final restraining order.
The hearing, which usually occurs within 10 days after the TRO is issued, gives you an opportunity to tell the court why you should not receive an FRO. You and your spouse or partner, as well as friends, neighbors and other family members, will have a chance to testify. The Superior Court judge will also be able to review other evidence, including voice mail messages, emails, texts and other material.
Our attorneys will help you present your evidence and identify other ways you can fight the FRO. It is important to do this, because overturning the provisions of a final restraining order is difficult. Moreover, FROs remain in place indefinitely, unless the other party files a request to vacate the restraining order. This means that the defendant should fight to get the best outcome possible at the FRO hearing. Our restraining order lawyers will fight to make sure this happens.
If you receive an FRO, you must comply with its provisions. This usually means having no contact with the other party. You will have a criminal record that follows you forever. You will be unable to possess a firearm legally anywhere in the United States. Your name will appear in the NJ domestic violence registry. You may have to pay fines or give money to the victim. Most importantly, you become vulnerable to criminal charges alleging that you violated the restraining order.
Unfortunately, even if you can live with the provisions of an FRO, your troubles may continue. You may be accused of violating the order. This can be even more serious than the original restraining order itself, putting you in serious legal jeopardy. You may be charged with either a disorderly persons offense or a 4th degree crime, depending on whether you are charged with an actual crime or merely violating the provisions of the order.
The consequences of violating a restraining order can be serious. For example, if your alleged violation includes assault and you are convicted, you face fines and jail time. And if you are charged a second time, even with violating the order rather than with committing a crime, the penalties increase.
Do not make the mistake of trying to handle a restraining order violation charge by yourself. The stakes are simply too high. The defense lawyers at our Elizabeth law office have many years of experience handling cases like yours and know how to obtain the best possible outcome, whatever your circumstances.
Restraining orders matters are simply too complex to handle on your own. The domestic violence defense lawyers at our Elizabeth law firm have years of experience fighting FROs. We can often negotiate with the other side to include provisions that are important to you, such as continuing to have access to your children. We also know how to develop strong strategies that protect your rights and your future if you face charges of violating restraining orders. Finally, we know how to undertake the challenging task of trying to change the provisions of an FRO, or even trying to overturn it entirely.
If you are the subject of a TRO and are facing a hearing, or have been charged with violating an FRO, Bramnick Law can help. If you are seeking to overturn or change provisions of an FRO, talk to us. We will advocate for you and make sure that your case is strong, whatever the situation. Call us or contact us online for a free consultation to discuss your case with an Elizabeth restraining order attorney.
If you are on the receiving end of a TRO, it was issued either by a Union County Superior Court judge or by a judge in the Elizabeth Municipal Court if a Superior Court judge was unavailable. When you attend your hearing, usually within 10 days and generally within the same week, you will appear at the Union County Superior Court Family Division. If you face charges of violating a restraining order (also known as criminal contempt of a restraining order), you may need to respond to the charges in either the Family Division or the Criminal Division of Union County Superior Court, depending on the nature of your alleged violation. Our attorneys will advise you about the process you face and where you will need to appear.
If you are facing any issue related to a restraining order, please contact our Elizabeth lawyers to discuss your case with an experienced New Jersey defense attorney.