Temporary Restraining Orders
Monmouth County Temporary Restraining Order Lawyer
Being charged criminally with an act of domestic violence is extremely serious. Especially under the new Bail Reforms, which were instituted in January of 2017. In essence now, anyone charged with an act of domestic violence, no matter how minor in nature, runs a great risk of spending at least 48 hours in the Monmouth County Jail pending a detention hearing. In addition to that, the alleged “victim” of an act of domestic violence also has the ability to obtain a Temporary Restraining Order (TRO). A TRO is exactly what it says it is, temporary. It provides temporary relief to an alleged victim. Since it is temporary in nature, this is where an experienced Monmouth County domestic violence defense attorney can make a difference. It is extremely important to make sure that the temporary restraining order does not become a final restraining order (FRO). Here at the Law Offices of Proetta & Oliver our attorneys have been representing clients who have been served with a TRO in Monmouth County for years. These hearings are extremely time sensitive and require an experienced Monmouth County TRO defense lawyers. If you would like to come into our Monmouth County office for a free initial face to face consultation please contact us at (732)858-6959. For more information on TRO’s please see below.
Is A Restraining Order a Criminal Charge?
Restraining Orders in New Jersey are considered civil in nature. As such, they are not “criminal offenses” and if a FRO is granted, a Defendant will not be scarred with a criminal record. However, if the TRO becomes a FRO, the consequences can be far worse then most criminal charges. That is why we strongly recommend that if you have been served with a TRO that you speak to an experienced Monmouth County criminal defense attorneys as soon as possible about your options. TRO’s are not something to be taken lightly.
Can I Really Be Removed from my Home because of a TRO in NJ?
Although a TRO is temporary in nature, the Court’s do allow for some temporary relief until an FRO hearing can take place since they could take up to thirty days or more. Some of the most common temporary relief that we see being granted in Monmouth County consist of the following: forbidden from having contact with the “victim”, spousal support, child support, sole possession of the common home and sole possession of common property (i.e. motor vehicles, boats, vacation homes etc.). In addition to that, a Defendant served with a temporary restraining order would be forced to surrender all firearms as well.
How Do I Get A Temporary Restraining Order in New Jersey?
A TRO will be issued if the victim can establish, by a probable cause standard, that the Defendant committed an act of domestic violence and restraints are necessary to protect the victim from future acts of domestic violence. It is important to note here, that in order to be charged with an act of domestic violence, it must be established that a domestic relationship existed between the two parties involved. (i.e. spouse, roommate, significant other) Typically, all that is required for the issuance of a TRO is the victim’s version of event, which may lack any physical evidence and/or eyewitness accounts. Some of the most common criminal acts of domestic violence which lead to the issue of a TRO include the following: Simple Assault, Aggravated Assault, Stalking, Harassment, Criminal Restraint, Terroristic Threats, Kidnapping, Sexual Assault, False Imprisonment and Criminal Coercion. If you have been served with a TRO it is imperative that you speak to an experienced Monmouth County Domestic Violence Defense attorney about your options immediately. Traditionally, courts require the parties involved in a TRO to be summonsed to court within 10 days of the issuance of a TRO. For more information on what is required to obtain a FRO please checkout our Monmouth County Final Restraining Order practice series by clicking the link.
All Weapons Must be Seized if a TRO is Issued in NJ
Pursuant to New Jersey’s Domestic Violence Prevention Act, if a temporary restraining order is granted, the police must seize any and all weapons that the Defendant owns/possess. It is important to note here that they must seize all weapons, not just all firearms. So that includes any knives, swords, brass knuckles etc. If a final order of protection is in fact granted after a hearing then the Defendant would forfeit his right to the weapons but would be able to sell them through an authorized firearms dealer in order to not lose the economic value. If the TRO is ultimately dismissed, the Monmouth County Prosecutor’s Office still has the authority to file for forfeiture of the weapons if they see fit. In order for them to do so they must file a formal motion and a hearing must be conducted. For more information on weapon forfeiture hearings in Monmouth County, please click the link.
Issued Criminal Charges & Served with a TRO For Same Incident in Monmouth County
It is extremely common for an individual to be served with a temporary restraining order and criminal charges from the same incident. If this is to occur, even though the same conduct forms the basis for each case, these cases will be separate and apart from one another. So not only will the individual be facing the imposition of a final restraining order but they will also be facing the harsh reality of significant jail time if convicted of the criminal charge. Some of the more frequent criminal domestic violence charges that we see being issued in New Jersey include harassment, assault, terroristic threats, stalking and false imprisonment.
Need a Consultation for a Temporary Restraining Order in Eatontown
If you have been served with a temporary restraining order in Monmouth County, in towns like Middletown, Holmdel, Tinton Falls, Howell, Asbury Park, Long Branch, West Branch Long, Wall Township, Ocean Township, Eatontown, Aberdeen and Matawan the Law Offices of Proetta & Oliver can help. Although they are civil in nature, as you can tell from the above mentioned temporary relief, the ramifications can be more severe than some criminal charges. If you would like to come into our office for a face to face consultation with one of our attorneys then contact us at (732)858-6959. Please remember that time is of the essence with a TRO and it is imperative that you start planning your defense ASAP, as crucial evidence needs to be gathered.