Ways to Avoid a Final Restraining Order in NJ
Monmouth County NJ Restraining Order Defense Lawyer
Have you been served with a temporary restraining order (TRO) in New Jersey? Are you like most others and are trying to find a way to avoid the TRO from becoming a final restraining order (FRO)? If so, we strongly recommend that you speak to an attorney who has extensive experience defending those against domestic violence charges. Domestic violence allegations, especially restraining orders should not be taken lightly. Although they are not technically considered a criminal offense in New Jersey, they do carry with them rather serious life changing penalties. One of the ways in which a Defendant can seek to avoid a temporary restraining order from becoming a final restraining order in New Jersey is by trying to negotiate what is known as Civil Restraints. For more information on civil restraints, please see below or contact Proetta & Oliver at 732.858.6959.
What is Civil Restraints?
Civil restraints are in essence a consent order between the two parties. The consent order will replace the need of a final restraining order. It will basically spell out the terms of the agreement, including but not limited too the way in which communication between the parties may occur, any potential child custody arrangements and even property disputes. If they are entered into, the temporary restraining order will be dismissed in its entirety.
How do to Civil Restraints Work in NJ?
If both parties are open to civil restraints and the terms of the agreement can be agreed upon, then a final consent order will be drafted and all parties will be called upon to sign the agreement. Once the agreement is signed, the parties will go before the Judge assigned to the original restraining order and the terms of the agreement will be incorporated into the record. In other words, the Judge will read the terms into the official court record and then sign the agreed upon order. If a divorce proceeding has be initiated or is already in place, the civil restraints will be formally docketed under that file. Once this occurs, the temporary restraining order will be dismissed outright and the civil restraint will become the final order of the court.
What are the Benefits of Civil Restraints
Civil restraints in New Jersey can be beneficial to both parties. It gives the plaintiff, also known as the victim some form of security from the Defendant. At the same point in time it does not carry with it the harsh penalties that a final restraining order can. This is important because the Defendant still may be called upon to provide child support, alimony etc. to the plaintiff. For the Defendant, it is a way in which the parties can mutual agree upon how they will interact moving forward but not be scarred with a final restraining order. These can also replace the need of a final restraining order hearing whereby the parties will be called upon to air their dirty laundry out in open court. These hearings tend to be rather uncomfortable and embarrassing for both parties. These are just a few of the advantages of civil restraints in New Jersey. For more information on civil restraints and the benefits of them, please contact our Middletown office at 732.858.6959.
Domestic Violence Defense Lawyer in Freehold NJ
Restraining Orders are not something to take lightly. If you have been served with a TRO in New Jersey we strongly recommend that you speak to an experienced Monmouth County domestic violence defense attorney as soon as possible. These are very complicated matters and more often than not overlap with criminal charges as well, which obviously further complicates things. If you have been served with a TRO or served a criminal complaint for domestic violence, the Law Offices of Proetta & Oliver can help. Our office defend those accused of domestic violence in courts throughout Monmouth County, including towns like Middletown, Holmdel, Tinton Falls, Neptune, Wall Township, Asbury Park, Eatontown, Ocean Township, Howell and Freehold.