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Restraining Order Lawyers in Trenton, New Jersey
In New Jersey, as in other states, restraining orders are protective orders that restrict an abuser’s ability to come into contact with their victim. Restraining orders are a critical tool for helping the victims of domestic violence avoid further interaction with their abuser.
If you are interested in obtaining a restraining order, or if you are the target of a restraining order in Trenton, Ewing Township, Lawrence Township, or anywhere else in Mercer County, NJ, the Davis Law Firm, LLC can help. Call us today at (609) 503-7813, or use the online contact form, to get connected to one of our experienced attorneys. We will assess your claims and work with you to either obtain a valid restraining order or challenge the restrictions placed on you by a restraining order.
The Basics of a Restraining Order in NJ
In the wake of a domestic violence incident — such as stalking, harassment, lewdness, or assault — the victim may file a temporary restraining order (TRO), which can be issued by a municipal court judge or by a domestic violence hearing officer. After the TRO has been issued, law enforcement is empowered to immediately remove the abuser from the residential premises at issue, if there is cohabitation. Another hearing will be scheduled within 10 days of the date of TRO issuance — bear in mind that the TRO will only last for 10 days, until the date of the scheduled hearing, though it may be extended by the judge at the final hearing. At this later hearing, the judge may order a final restraining order (FRO), which can last permanently.
In order for a judge to issue an FRO, they must find that:
- There is a domestic relationship between the involved parties.
- The defendant engaged in an act that qualifies as domestic violence.
- The restrictions are necessary to prevent additional domestic violence.
Depending on the circumstances surrounding the domestic violence issue, the judge may order an FRO with protections that include, but are not necessarily limited to, the following:
- Prohibition against approaching the victim at their residence, place of work, or any other location.
- Prohibition against contact with the victim.
- Prohibition against contact with persons related to or otherwise important to the victim (i.e., family, friends, and work colleagues).
- Restrictions on child visitation.
- Compelled financial support until a divorce is finalized.
- Prohibitions against the abuser’s right to own and use weapons.
- Imposition of counseling hours for the abuser.
In New Jersey, if the abuser violates a TRO or an FRO, they could be held criminally liable for contempt of a court order. Subsequent violations could expose them to additional criminal punishment. If you have any questions about the particularities of the restrictions in a TRO or FRO and about how to properly adhere to such restrictions, make sure to consult with a qualified New Jersey attorney.
Dismissing an FRO in NJ
If the victim drops charges against the abuser (which is often the case in domestic violence cases), then the abuser may challenge the enforcement of the TRO or FRO by filing for dismissal. The court will look at the circumstances — whether the victim agrees with the dismissal, whether the victim is still concerned about their safety, and whether the abuser has a history of violating the restraining order, among other factors — in making their dismissal determination.
Contact the Davis Law Firm Today to Discuss Your NJ Restraining Order Case
The Davis Law Firm, LLC has represented NJ clients for nearly a decade in a range of legal matters, from criminal defense to family law. Our firm is committed to personalized engagement, working closely with clients from beginning to end of the litigation process. At the Davis Law Firm, LLC, our attorneys have a reputation as forceful advocates who are willing and able to take a case to trial, if need be, thus giving our clients a competitive edge during negotiations.
Interested in obtaining a temporary or final restraining order? Call (609) 503-7813 to set up a free initial consultation at our Hamilton, NJ office with one of our experienced New Jersey attorneys today.