Dismissal of Temporary Restraining Order in Burlington County
April 30, 2020
Just this past week, our firm was able to argue for the denial of a Final Restraining Order and dismissal of a Temporary Restraining Order after a hearing. Our client was charged with criminal harassment involving an act of domestic violence against their spouse. If the Plaintiff had been able to show that an act of domestic violence occurred and demonstrated a need for a Final Restraining Order, then our client would have been permanently barred from contact with the victim, possibly lost residential custody of their children, faced termination from employment and loss of professional licensing. Their was a lot on the line for our client and we made sure that we did everything in our power to defend their rights at the restraining order hearing.
If you were arrested or served with a temporary restraining order for a incident involving a spouse, roommate, family member, boyfriend or girlfriend, contact the restraining order attorneys at Proetta, Oliver & Fay. We have decades worth of experience handling criminal charges and domestic violence throughout New Jersey. For an immediate and complimentary consultation with a firm partner, please contact our office directly at (609) 850-8284. We can be reached 24/7 for your convenience and the initial consultation is provided free of charge!
What Happens at a Restraining Order Hearing in New Jersey?
Temporary Restraining Orders invoke a significant deprivation of an individuals constitutional rights, therefore courts are required to conduct a formal hearing within 10 days of the initial TRO to determine if a Final Restraining Order is necessary. While courts generally will grant postponements of one or two weeks beyond this deadline, discovery and investigations are fairly limited in these scenarios. This means that the hearings will typically only have one or two witnesses and will not involve expert testimony. This results in a “he said, she said” argument between the two parties of what allegedly occurred. Therefore, the credibility of each party becomes of utmost importance. Any contradictions can be used to show untruthful testimony and result in the dismissal of the charges.
Unlike criminal cases, the standard that the court uses is “preponderance of the evidence”. This means that the judge must believe that it is “more likely than not” that an act of domestic violence occurred and that a FRO is necessary. This a very low standard and allows judges to impose the severe restrictions of a FRO on what most people consider to be “50/50” cases.
What is Required for a Restraining Order in New Jersey?
Pursuant to the Prevention Against Domestic Violence Act and established case law, a plaintiff must demonstrate two things before the court can impose a Final Restraining Order. First, there must be a predicate act of domestic violence. These types of acts include harassment, simple assault, aggravated assault, sexual assault, terroristic threats and stalking, just to name of few. Once that has been proven by a preponderance of the evidence, the court must find that a Final Restraining Order is necessary by analyzing six (6) enumerated factors. If the judge finds that a Final Restraining Order is necessary, then the court will impose the FRO.
Lawyers Near Mount Holly For Temporary Restraining Order
Contact our firm today and see how we can help you achieve a result like the one that we acquired for our client in the recent success story discussed above. With decades worth of legal experience, we are prepared to represent you or your loved one during their time of need. Domestic violence cases and TROs are highly emotional and inflammatory by nature. One slip-up can result in the imposition of a Final Restraining Order. Remember, an FRO is permanent and does not simply “expire” over time. The best way to avoid and FRO is to win at the initial hearing. Contact our Marlton Office today at (609) 850-8284 for a consultation with an attorney.