NJ Temporary Restraining Order Dismissed at Hearing
June 3, 2019
Restraining Order Attorneys Mt Holly NJ
Last week, firm Partner, William C. Fay, IV, Esq., obtained a Dismissal of a Temporary Restraining Order at the Final Restraining Order Hearing court date. For our client (the Defendant), there was a lot at stake. Our child shared a child with the Plaintiff but did not have residential custody of the child. Therefore, if he lost at the Final Restraining Order Hearing, it would have been near impossible to spend any time with the child. Thankfully, we were able to fight the charges, subpoena police officers and demonstrate that these allegations were based on falsehoods and misrepresentations. The Temporary Restraining Order that had been entered originally was dismissed and our client walked out of the courthouse free of any restrictions and avoided any weapon forfeiture that would be mandated under a Final Restraining Order. For more information on fighting a Restraining Order in Burlington County, contact our office at (609) 850-8284.
What Happens at a Restraining Order Hearing?
When a Superior Court Judge enters a Temporary Restraining Order against you, the clock starts to move the case to trial. Specifically, the court must schedule a first hearing date within about 10 days. Often times, these first appearances result in adjournments/postponements so that each side can consult with legal counsel. Typically, a formal hearing will occur as soon as the second court date because restraining orders are incredibly burdensome on the defendants. Therefore, judges are motivated in having the hearings as soon as possible so that the facts of the case can be heard on the court record. At the hearing, both parties will be able to testify and present witnesses. Giving direct testimony and cross-examining your opponents witnesses requires the skill and expertise of a New Jersey TRO Attorney. There are various objections and facts that most “lay people” will not understand. To speak with an attorney about your Mt. Holly Restraining Order, contact our Evesham office today.
What Happens if I Lose a Restraining Order in New Jersey?
As mentioned above, restraining orders are incredibly difficult to live with. If a TRO or FRO is entered against you, these are some of the consequences it may have on your day-to-day life:
- Limit employment opportunities
- Restrictions on gun ownership
- Restrictions on access to victim’s property (whether solely or jointly owned)
- Limit on access to your children
- Possible deportation if you are not a US citizen
- Fees and expenses could be owed to the victim
Contact a Restraining Order Lawyer in Burlington NJ
If you or a family member were served with a Notice of a Temporary Restraining Order, contact the Restraining Order Lawyers at Proetta, Oliver & Fay. We have prosecuted and defended countless restraining orders throughout the State of New Jersey. At the very least, contact and consult with an attorney before your Hearing for a Restraining Order. A Final Restraining Order is a worst case scenario and it is your best interest to contact an experienced attorney to help guide you through this difficult and complex issue. To speak with an attorney who handles Burlington County Restraining Orders, please dial 609-850-8284. We can be reached 24/7 for your convenience.