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New Jersey Restraining Order Application Attorneys
TRO Application Process Lawyers in Hamilton Represent Clients in Mercer County, Middlesex County, Camden County and Throughout NJ
In New Jersey, restraining orders are issued with the goal of protecting victims of domestic violence and abuse from suffering further abuse at the hands of their abuser. These protective orders work by limiting contact between the alleged abuser and the plaintiff. The plaintiff must apply to the courts in order to have a temporary restraining order (TRO) issued. They must then present evidence of domestic violence to the court during the final restraining order hearing in order to have a final restraining order (FRO) issued. The New Jersey restraining order application attorneys at Davis Law Firm, LLC have vast experience handling restraining order cases. We can help you protect your rights.
The team at Davis Law Firm, LLC has been helping clients resolve domestic violence cases for decades. We have represented numerous clients in restraining order cases and have successfully helped many of our resolve their restraining order cases favorably. We can help you too.
Contact our law firm to schedule a consultation with our TRO application process lawyers in Hamilton, NJ. Learn more about restraining orders, your rights, and the options available to you.
The Restraining Order Process in New Jersey
In order to successfully obtain a restraining order against a person, the victim of domestic violence must first complete the New Jersey Domestic Violence Civil Complaint and Temporary Restraining Order form. This is a four page document that allows you to request a temporary restraining order (TRO). When the TRO is issued, the person accused of domestic violence will be served with the court order. They will be required to sign the order to acknowledge receipt.
The court will set a date for the final restraining order (FRO) hearing. During this hearing, the judge will determine whether an FRO is needed. The TRO application form will still play an important role in the FRO hearing. It is therefore important to ensure that the information included in the form is accurate.
During the FRO hearing, the plaintiff must provide evidence to show that issuing a FRO is necessary. They must prove beyond a reasonable doubt that there is a history of domestic violence and that legal protection is required. Evidence may include medical reports, witness testimonies, police reports, and photos of injuries.
Understanding the Temporary Restraining Order Application Form
There are different sections in the TRO application form. These are:
The domestic violence complaint
This is the first page of the form. In this section, the plaintiff provides information about themselves and the abuse they have been subjected to. It is important to provide specific information, including what weapons were used, if any, and specific incidents of abuse committed. In this section, details about the defendant’s history of domestic violence should also be provided, including whether they have had restraining orders issued against them in the past.
In this section, the plaintiff must provide information about the type of relief they are seeking through the restraining order. For example, the plaintiff may request the defendant’s prohibition from returning to the family residence or even a psychiatric evaluation of the defendant.
Warrant to search for and seize weapons
This section is for law enforcement to indicate whether they are required to search the premises for firearms and other weapons, as well as permits and identification cards in relation to firearms. Law enforcement will indicate whether a warrant is required to search and seize weapons from the defendant for safekeeping.
An order granted or denied
This section indicates whether the TRO was granted or denied. It also indicates the date set for the final restraining order hearing in the ‘Notice to Appear’ section.
Contact Davis Law Firm, LLC to consult with our New Jersey restraining order application attorneys and learn more about restraining orders.
Get in Touch with Davis Law Firm, LLC to Consult with Our New Jersey Restraining Order Application Attorneys
The New Jersey restraining order application attorneys at Davis Law Firm, LLC have extensive experience handling cases involving restraining orders. We are committed to providing our clients with effective representation. We will fight to defend your rights and work to get the best possible outcome in your case.
Get in touch with us today to schedule a consultation with our TRO application process lawyers in Hamilton, NJ. Learn about restraining orders, your rights, and the options available to you.
Frequently Asked Questions About Restraining Order Applications in New Jersey
In New Jersey, restraining orders are issued by courts with the goal of protecting victims of domestic violence. This means that for a person to apply for a restraining order, they must qualify as a victim of domestic violence under New Jersey law in relation to the defendant. Some examples of relationships that qualify under the law include:
4. People that live in the same household
5. Children (both minors and those over the age of 18)
6. People with children in common
7. Family members
If you want to learn more about the process of obtaining a restraining order, contact our law firm to schedule a free consultation with our New Jersey restraining order application attorneys. Our attorneys are available to provide you with guidance and support. We will explain your rights and options to you.
Restraining orders are issued by courts of law. If you violate a restraining order, you will essentially be breaking the law. You will be considered to be in contempt of court. This is a fourth-degree offense that is punishable by up to 18 months in jail. If you violate the conditions of the restraining order a second time, you will more than likely serve a jail term.
If you want to learn more about restraining orders, contact our law firm to schedule a free consultation with our TRO application process lawyers in Hamilton, NJ. Our knowledgeable and experienced attorneys are ready and willing to provide you with the guidance you need.