If a municipal court judge signed a temporary restraining order against you following a police investigation in West Orange, Millburn, Livingston, or another town in the County, you are entitled to contest the matter at a final restraining order hearing. All final restraining orders hearings are conducted at the Family Division of the Essex County Superior Court, Newark NJ. What you need to know is that the final restraining order hearing is your sole opportunity to challenge whether or not the restraints become final. If you lose at that hearing and the order becomes final, all those things that you are temporarily prevented from doing shall become permanent. This means that you cannot return to your apartment or home at any point nor have contact with the plaintiff in the future. What you need to take from this is that you have to make your very best effort to win the final restraining order hearing if it is your desire to live free from the restraints. An attorney is an absolute must in our view if you want to take advantage of the hearing and vacate the restraints. Our Essex County Criminal Lawyers are highly experienced in defending individuals against a final restraining order and are prepared to diligently work with you to win. We also have extensive experience representing clients charged with ancillary criminal charges like terroristic threats, stalking, harassment, simple assault and false imprisonment.
Belleville NJ FRO Defense Lawyers
What You Need To Know About A Final Restraining Order
At the hearing, a Superior Court Judge must decide whether the restraints are warranted and need to be put into effect permanently. When the court finds that the restraints are necessary, it issues what is referred to as a Final Restraining Order. While this order is not criminal but civil in nature, its existence will normally be revealed whenever someone does a routine background check. What the order indicates is that a court found that you committed some act of domestic violence and that the restraints are necessary to protect the “victim”. A final restraining order can often have life altering consequences. This is because the restraints usually effect a relationship involving children, residency, employment and/or other major components of an individual’s life.
How Do I Contest The Restraining Order?
The final restraining order hearing is your opportunity to tell your side of the case. You may want to testify at the proceeding so the court knows what really happened. Perhaps there are witnesses that support your claim as opposed to that of the plaintiff and you have the ability to have them testify for you at the hearing. You may have photographs, medical records, reports or other documentary evidence and this can also be brought before the court. The final restraining order hearing is also the time when your attorney can cross-examine the plaintiff and bring out the weaknesses in his or her testimony and story.
Why Would A Restraining Order Become Final?
As previously stated, if the court finds that an act of domestic violence occurred (e.g. simple assault, harassment, criminal mischief, etc.) and that the victim is in fear of it reoccurring, then a final restraining order will be issued. It is important to keep in mind, however, that it is the victim that bears the burden of proof at the hearing. They must convince the judge that domestic violence occurred and that they are genuinely scared.
Montclair NJ Final Restraining Order Defense Lawyers
As former prosecutors and a defense team that has been defending restraining orders at the Essex County Superior Court for decades now, you can be confident that we will properly present your side of the story and highlight the weaknesses and inconsistencies in the plaintiff’s case. Don’t make the mistake of walking into a restraining order hearing without representation, call us for a free consultation with one of our Newark Criminal Defense Lawyers now. Our Newark office can be reached 24/7 at 973-710-1520.