Final Restraining Order
Final Restraining Orders in Monmouth County NJ
As if being charged with a criminal offense isn’t bad enough. Often times clients who are charged with a criminal act of domestic violence like simple assault, stalking, harassment, terroristic threats or aggravated assault also tend to find themselves dealing with a Final Restraining Order “FRO” hearing as well. A final restraining order hearing, which is normally referred to as an FRO, will take place in the Family Division of the Monmouth County Superior Courthouse, which is located in Freehold. Unlike the underlying domestic violence offense, a FRO hearing is technically civil in nature. Therefore, the standard of proof is by a preponderance of the evidence as opposed to criminal hearings which are done based on the beyond a reasonable doubt standard. Although, civil in nature, some would suggest that the ramifications if a final restraining order is entered are worse then some criminal offenses. For example, if an FRO is granted, the Defendant would be fingerprinted, entered into a permanent database, forced to surrender their firearms and could be forbidden from seeing their children, forced to pay child/spousal support or returning to their home. On top of that, if charged criminal as well, they would be forced to litigate those charges too in the criminal court house.
Do I need an Attorney for a Restraining Order in NJ?
If you or a loved one has been served a Temporary Restraining Order (TRO) in Monmouth County it is imperative that you speak to an experienced restraining order defense attorney immediately about your options. TRO’s are done on an emergent basis and judges will force the parties to appear in court within 10 days of being served. In addition to that, most FRO hearings are supposed to be conduct within thirty (30) days of the issuance of a restraining order. On top of that, it is important to note here, that once a TRO is granted, no contact is allowed. If contact occurs, the plaintiff can file a violation of a TRO even though an FRO was never denied down the road. Violations of TRO’s or FRO’s are very serious. A second or subsequent conviction for a violation of a restraining order requires mandatory incarceration in the Monmouth County Jail. For more information on violation of restraining orders please checkout their practice series by clicking the link. So as you can tell, these are very serious offenses and need to be handled properly. If you would like to come into our office and have a free face to face consultation with Mr. Oliver or one of the other criminal defense attorneys on staff, then please contact us at (732)858-6959. Our team of FRO attorneys have extensive experience representing not only the Defendant’s but the plaintiff’s as well. We serve all of Monmouth County, including towns like Holmdel, Tinton Falls, Ocean, Wall, Asbury Park, Long Branch, Neptune, Freehold, Aberdeen, Eatontown, Hazlet, and Howell. We are available around the clock to assist in any way possible. Please remember, these hearings are conducted in very short time period and to be successful you need to get an attorney involved ASAP do the complexity of most hearings. For more information on FRO hearings check below.
What must be Proven to Obtain a FRO in NJ?
In order for a TRO to become an FRO, the plaintiff must prove three essential elements by a preponderance of the evidence. They include:
- Current Act of Domestic Violence:
- Criminal Mischief
- False Imprisonment
- Criminal Coercion
- Sexual Assault
- Terroristic Threats
- Prior History of Domestic Violence between the parties; &
- A need to protect the victim from a future act of domestic violence.
Now although courts require a showing of the following elements by a preponderance of the evidence, the Courts have granted FRO’s even if their is no past history but the underlying act of domestic violence is so egregious. The controlling case for restraining orders in New Jersey is Silver v. Silver. For more information on this case and restraining orders please contact our office at (732)858-6959.
Domestic Violence Attorneys in Asbury Park NJ
If you have been served with a TRO it is imperative that you speak to an experienced domestic violence defense attorney immediately. These hearings are in essence mini trials and as such require an attorney who extensive experience. If you have been served with a TRO in Belmar, Manasquan, Little Silver, Rumson, Manalapan, Marlboro, Tinton Falls, Asbury Park, Red Bank or Atlantic Highlands, we can help. If you would like to schedule a free consultation today then please contact us directly at (732)858-6959. Also, if you have been charged with a criminal offense as well, we can help. These matters should be kept together and handled by one attorney as they often overlap. If you have any questions please do not hesitate to contact us. We are available around the clock to help in any way possible.