Somerville NJ Temporary Restraining Order Lawyer
Domestic disputes are going to happen, that is just a part of life. However, when things escalate and one of the parties seeks a temporary restraining order (TRO), it is crucial that you speak to an experience Somerset County domestic violence defense attorney as soon as possible. Although temporary restraining orders are exactly what they say they are, temporary, it is because of that, they tend to be litigated on an expedited basis. In fact, pursuant to the court rules, if the Defendant is served with the TRO, the parties must appear in court within ten (10) days. As you will see below, restraining orders are considered civil in nature and will be heard in the Family Division of the Superior Court. With that being said, more often than not, when a Defendant is served with a temporary restraining order, will also be forced to defend themselves on underlying criminal charges as well. Some of the most common criminal charges that we see clients being charged with as a result of a temporary restraining order are simple assault, stalking, terroristic threats, harassment, sexual assault, false imprisonment and criminal restraint. If you have been served with a temporary restraining order in Somerset or Hunterdon County, the Law Offices of Proetta & Oliver can help.
At Proetta & Oliver we are well aware of the ramifications that follow if a temporary restraining order becomes a final restraining order in New Jersey. As such, we are dedicated to aggressively challenging the evidence presented against our clients in order to obtain a desirable outcome. If you have been served a TRO or issued a criminal complaint for an act of domestic violence, we can help. If you would like to set up a consultation with one of our Somerset County domestic violence defense attorneys then please contact us at 908-533-1064. We can go over the specifics of your case and formulate a game plan that works best to suit your needs. We serve all of Somerset and Hunterdon County, including towns like Raritan, Somerville, Flemington, Clinton, Readington, Bridgewater, Bedminster, Bound Brook, North Plainfield and Watchung. So, if you have any questions whatsoever, please do not hesitate to call. Our attorneys are available immediately for a free initial consultation.
Hunterdon County NJ Temporary Restraining Order
As touched upon above, temporary restraining orders are temporary in nature. In order for a temporary restraining order to become a final restraining order, a final hearing must take place. During that hearing it will be the plaintiff’s burden to establish by a preponderance of the evidence, that in order to protect them from future acts of domestic violence or immediate danger, a final restraining order must be issued. For more information on final restraining orders in Somerset County, please click the link.
A Temporary Restraining Order in New Jersey can be issued by either a Superior Court Judge in the county where the incident occurred or by a local municipal court Judge, in the municipality where the incident occurred if no Superior Court Judge is available. Since they are temporary in nature, the proof that is required to obtain a temporary restraining order is less than that of what is required to obtain a final restraining order (FRO).
In order for a TRO to be granted, the plaintiff must establish the following:
- That they are considered a “victim” of domestic violence pursuant to NJSA 2C:25-19(d); &
- That they are the victim of an “act of domestic violence” pursuant to NJSA 2C:25-19(a); &
- That in order to protect their life, health or well-being or prevent a future act of domestic violence, a FRO must be entered.
Pursuant to NJSA 2C:25-19(d), a “victim” of an act of domestic violence includes:
- Anyone who is a spouse or any other person who is a present or former household member; or
- Anyone who has a child in common; or
- Anyone who is and/or was in a Dating relationship.
Pursuant to NJSA 2C:25-19(a), an act of domestic violence includes one of the following crimes:
If a TRO is granted, the Defendant has the ability to contest the case at what is know as a final restraining order hearing. At that hearing, the Defendant will have the right to confront the witness against them, present their own witness on their behalf in order to establish why a final restraining order is not necessary. If you would like to speak to one of our Somerset or Hunterdon County temporary restraining order defense attorneys then please contact us at 908-533-1064.
Bound Brook NJ Temporary Restraining Order Attorney
If you have been served with a temporary restraining order or issued a complaint for simple assault, stalking, harassment, terroristic threats, sexual assault or any other act of domestic violence in Somerset or Hunterdon County, it is crucial that you speak to an experienced restraining order defense attorney as soon as possible. These are very serious matters and do to the sensitive nature of most of these cases, the hearings are conducted rather quickly. If you would like to come into our office for a free face to face consultation, then please contact us directly at 908-533-1064. We serve all of Somerset and Hunterdon County, including towns like Franklin, Hillsborough, Warren, Bernards, Flemington, Union, Plainfield, Bound Brook, South Bound Brook and Readington. These are very complex matters and that is why we strongly recommend that you speak to an experienced domestic violence lawyer as soon as possible.