How to Defend a Restraining Order in New Jersey
Have you been served with a temporary restraining order (TRO) in New Jersey? If so, we strongly recommend that you speak to an experienced domestic violence defense attorney as soon as possible about your options. TRO’s are “temporary” in nature in New Jersey and the only way that they become permanent is if a final restraining order hearing takes place and the plaintiff satisfies their burden of proof. With that being said, not all temporary restraining orders in New Jersey have to go to trial. If the parties are able to negotiate what is known as Civil Restraints, the “restraints” would eliminate the need for a restraining order. Civil restraints is basically an agreement between the parties which stipulates how the parties will communicate moving forward. Although civil restraints are not equivalent to a final restraining order, they do provide both parties with some rather significant benefits and at the same point provide the same protection most seek through a restraining order. Restraining order trials are usually very complex and tend to be very emotional, that is just one of the main reasons the parties seek to find a less intrusive means of protecting themselves from a loved one. Civil restraints is a great alternative to a final restraining order, for more information on how they work in New Jersey, please contact our Bridgewater Office at 908-533-1064 or leave us an email. One of our Somerset County domestic violence defense attorneys would be glad to go over the facts of your case and discuss your options, so if you have any questions whatsoever, please do not hesitate to Proetta & Oliver.
What are Civil Restraints?
Civil restraints is in essence a consent order entered into between the Plaintiff and the Defendant. The order will typically spell out how the parties will not only communicate moving forward (i.e. email only or only as it relates to certain issues) but address any unresolved child custody issues, including parenting time and could it could also determine any potential properties rights issues. Since this is a consent order, the parties would have to agree to the specific terms of the order before the restraints could be considered valid. Once the restraints are agreed upon the parties will both sign the document. Once the document is signed, the judge original designated to preside over the restraining order will incorporate the terms of the agreement into the official court record. Once that is complete, the plaintiff would official withdraw their temporary restraining order. If the parties already had a child custody agreement or a divorce in place, the restraints would most likely need to be filed under that docket number and be placed on the record in front of the judge assigned to that aspect of the case. However, if that is the case, the plaintiff would still be required to go before the original Judge assigned to the restraining order to withdraw said order. For more information on civil restraints, please contact our office at 908.533.1064. One of our attorneys is standing by to help assist in anyway that we can.
What are the Benefits of Civil Restraints in NJ?
As touched upon briefly, restraining orders tend to be very emotional hearings. Throughout the course of these trials, a lot of personal and private information tends to be aired out in open court. In addition to that, if a final restraining order is entered into, there can be rather serious collateral consequences for the Defendant as well. Those consequences can inevitably have an affect on the plaintiff as well if they are the beneficiary of child support, alimony etc. Civil restraints provide a tremendous benefit to some as it tends to give the plaintiff exactly what they are seeking (restraints) without having to deal with the stress and emotions that come from a final restraining order hearing.
Domestic Violence Attorneys in Hunterdon County NJ
At Proetta & Oliver our attorneys fully understand the stress and anxiety that most feel when they have been served with a temporary restraining order. As such we are dedicated to aggressively challenging the evidence presented against our cleints in order to achieve a favorable outcome. If you would like to come into our office and speak one on one with one of our Hunterdon County domestic violence defense attorneys about your options then please contact us at 908.533.1064. We not only defend individuals served with a TRO but we also defend those accused of violating a restraining order and those seeking to vacate a final restraining order as well. Our office serves all of Somerset and Hunterdon County, including towns like Somerville, Flemington, Bound Brook, North Plainfield, Watchung, Bedminster, Manville, Clinton, Readington, Raritan and Bernards.