Monmouth County Restraining Order Attorney
Being served with a temporary restraining order can be terrifying. Not knowing what to do or who to trust only adds to the stress that most feel. At Proetta & Oliver, we feel that hiring the right attorney, someone who not only knows criminal law but someone who also knows domestic violence and how restraining orders are treated in New Jersey, can go a long way to alleviating a lot of the stress most feel. Temporary Restraining Orders, which are commonly known as TRO’s, are exactly what they sound like, temporary in nature. Once a TRO is granted, it must be served upon the Defendant and a final hearing date will be set. On that date, it will be the plaintiff’s burden to establish the necessity for a final restraining order to be entered. For more information on temporary restraining orders, please see below or contact our Middletown office at 732-858-6959.
Do I need an Attorney for a TRO in Monmouth County?
Proetta & Oliver not only defends clients who have been served with a TRO but also clients who have been charged with an act of domestic violence like simple assault, false imprisonment, stalking, terroristic threats, harassment, burglary and sexual assault. In New Jersey, restraining orders and the potential underlying criminal charges tend to overlap. That is why whether you have been served with a TRO or issued a criminal complaint for an act of domestic violence in Monmouth County, it is essential that you speak to an experienced criminal defense attorney as soon as possible.
Our domestic violence defense attorneys are well aware of what a final restraining order can do to someone’e life. As such, our attorneys are dedicated to aggressively challenging the evidence presented against you. If you would like to come into our office and discuss your options with one of our lawyers, then please contact us at 732.858.6959. We fully understand that these types of incidents can occur happen at any hour, that is why we try to make ourselves available around the clock. We serve all of Monmouth County, including Freehold, Belmar, Hazlet, Little Silver, Rumson, Atlantic Highlands, Middletown, Holmdel, Ocean Township, Asbury Park, Wall Township and Neptune. If you have any questions whatsoever, please do not hesitate to call.
Here is a review from another happy client of Proetta & Oliver who had his TRO & Criminal Charges Dismissed:
If you need a really good Lawyer, I Highly recommend Mr Keith Oliver. He will fight for you. He takes the time to look over and Study your Case. If you ever have Questions, he will always get back to you. I would give him more then 5 Stars If i had that Option on here. A+
Who Grants a TRO in New Jersey?
There are two different types of Judges that have the authority to grant a Temporary Restraining Order (TRO) in New Jersey. The first is a Superior Court Judge of the Chancery Division, Family Part of the Monmouth County Superior Court. The second is a local Municipal Court Judge of the municipality where the incident happened. Typically speaking, if the alleged victim is seeking to obtain a TRO during normal “business hours”, meaning Monday-Friday, 9-5, then the application should go through a Superior Court Judge. If “after hours” then the application should be made through the local police department and they will make contact with the Municipal Court Judge.
What Must be Established Before a TRO can be Granted in Freehold?
Pursuant to the court rules, once a TRO is served upon a Defendant, the final restraining order hearing, or at least the initial appearance, must take place within ten (10) days. A brief adjournment will routinely be granted for either the plaintiff or the defendant so that they could obtain counsel or better prepare for their case. In order for a TRO to be granted, the plaintiff must establish the following elements:
- That they are a victim of domestic violence as defined under NJSA 2C:25-19(d); &
- That the Defendant committed an act of domestic violence pursuant to NJSA 2C:25-19(a).
- The Final Restraining Order is necessary to:
- Protect their life, health or well-being; or
- That they are in danger of an act of domestic violence.
Who will be Considered a “Victim of Domestic Violence”?
A Vicim of Domestic Violence includes one of the following:
- Any person who is a present or former household member; or
- Anyone who has a child in common; or
- Anyone who is and/or was in a dating relationship.
What Crimes will be Considered a “Acts of Domestic Violence”?
Acts of Domestic Violence include the following offenses:
- Homicide, Assault, Terroristic Threats, Kidnapping, Criminal Restraint, False Imprisonment, Sexual Assault, Criminal Sexual Contact, Lewdness, Criminal Mischief, Burglary, Criminal Trespass, Harassment or Stalking.
If the TRO is granted, it is imperative that you speak to an experienced Monmouth County domestic violence defense lawyer as soon as possible. Once the TRO is granted, the Defendant will be forbidden from having any contact with the alleged victim and any of the other protected parties stated in the TRO. The protected parties can include children and loved ones. If you would like to speak to one of our domestic violence lawyers about your options, then please contact us at 732.858.6959. For more information on what a temporary restraining order is in New Jersey, please click the link.
What Happens at a Final Restraining Order Hearing in Monmouth County?
Once a TRO is granted, a final restraining order hearing must take place and they usually do within a month. Pursuant to Silver v. Silver, in order for the Plaintiff to obtain a final restraining order, they must establish the following elements by a preponderance of the evidence standard.
- That the Defendant committed an act of domestic violence against the Plaintiff (see above);
- That there is a past history of domestic violence between the Defendant and the Plaintiff; &
- That in order to prevent future acts of domestic violence or immediate danger to the Plaintiff, a FRO must be entered.
Now traditionally the Plaintiff must establish the following elements in order to obtain a FRO. However, if the underlying act of domestic violence is serious enough, then the court can overlook the fact that no past history of domestic violence exists. For that to occur, the act of domestic violence typically involves some form of assaultive behavior. For more information on how to defend a FRO in Monmouth County, please click the link. If a FRO is entered into, the Defendant will be permanently forbidden from speaking to the Plaintiff, forfeit their right to every own weapons and be placed in a domestic violence database. As you can see, these are very serious matters and should not be taken lightly.
Here is an article about a recent success story Proetta & Oliver had for a client that was facing a Temporary Restraining Order and criminal charges as well. At the end of the hearing, the Judge dismissed the TRO outright after she in essence accused the plaintiff of making up the entire incident. For more information on this case, please click the link State v. C.R.
What Happens if a Restraining Order Becomes Final in NJ?
If an FRO is granted then the Defendant could be subject to rather unforgiving consequences that include but are not limited to the following:
- Expelled from their home – NJSA 2C:25-29(b)(2)
- Barred from having contact with their children – NJSA 2C:25-29(b)(3)(b)
- Suspension of their custodial rights to their children – NJSA 2C:25-29(b)(11)
- Compensatory & Punitive Damages – NJSA 2C:25-29(b)(4)
- Emergent Monetary Relief – NJSA 2C:25-29(b)(10)
- Seizure of firearms – NJSA 2C:25-29(b)(16)
- Suspension of right to own firearms – NJSA 2C:25-29(b)
- Refrained from placed plaintiff or plaintiff family frequents – NJSA 2C:25-29(b)(6)
- Psychological Evaluation – NJSA 2C:25-29(b)(18)
- Professional Counseling – NJSA 2C:25-29(b)(5)
- Fingerprinting – NJSA 53:1-15
- Entered into central registry for domestic violence – NJSA 2C:25-34
Will I be Charged Criminally for Domestic Violence?
In New Jersey, restraining orders are civil in nature and will be litigated in the Family Division of the Monmouth County Superior Court. With that being said, if the plaintiff or the prosecution seeks to pursue criminal charges against the Defendant based on the underlying act of domestic violence, they may do so in a criminal court of law. So, the Defendant may be forced to defend themselves at both a final restraining order hearing and in a criminal court of law on the same incident. That is why we strongly recommend that you speak to not only an experienced criminal defense attorney but someone who has extensive experience dealing with domestic violence. If you would like to speak to one of our Monmouth County domestic violence defense attorneys then please contact us at 732.858.6959.
Looking to Speak to a Restraining Order Defense Attorney in Aberdeen
If you have been served with a temporary restraining order or issued a criminal complaint for aggravated assault, endangering the welfare of a child, terroristic threats, stalking, harassment, criminal mischief or aggravated sexual assault in Monmouth County, Proetta & Oliver can help. Our lawyers are dedicated to making sure that we do not leave a single stone unturned when it comes to defending our clients. If you have been issued a TRO in Monmouth County, in towns like Aberdeen, Oceanport, Matawan, Marlboro, Manalapan, Manasquan, Brielle, Red Bank or Long Branch let Proetta & Oliver help. We can be reached at 732.858.6959 for a free consultation today. These are very serious matters and should not be taken lightly.