Teaneck NJ Final Restraining Order Attorney
Domestic Abuse Lawyer in Bergen County, New Jersey
After a temporary restraining order is issued in New Jersey, the defendant and the plaintiff must appear for a Final Restraining Order (FRO) hearing within 10 days. At this hearing, held in the Family Division of the Superior Court in the county where the temporary restraining order was filed, a judge will consider all of the evidence, witness statements, and testimony of both sides to determine if a permanent restraining order should be put into effect. Restraining order hearings are highly complex legal proceedings, the results of which can spell long-term implications for you and those you love. As such, it is imperative to have an experienced New Jersey domestic violence lawyer who is well-versed in the law regarding temporary and final restraining orders representing you. At The Elfant Rickett Law Firm, we understand the emotional and potentially dangerous nature of domestic abuse situations. We also have extensive knowledge of the law regarding restraining orders in New Jersey, which we use to protect our clients in a vast array of domestic abuse and family law matters. For instance, one former client said this about how we handled a final restraining order case for her:
“I hired Rosa to obtain a final restraining order after my divorce settlement. This was a very difficult time for my family and I. Rosa was always available and always gave helpful advice. She went above and beyond my expectations. She fought for me and my rights to the very end and the outcome was definitely in our favor. My family and I live happier lives because of this outcome. I would highly recommend Rosa Elfant Rickett.” – Laura
To read more of our client reviews, visit our Client Reviews Page, and to find out how we can help you with your domestic violence case, as well as associated issues with divorce and child custody, contact our offices in Bergen County at 201.968.5700.
Final Restraining Orders in New Jersey
Under New Jersey law, the presiding judge at a final restraining order hearing must find that all of the following criteria are satisfied in order to issue a permanent restraining order:
- The victim qualifies as a protected person under the The New Jersey Prevention of Domestic Violence Act;
- The defendant committed a predicate act of domestic violence (i.e. harassment, assault, etc.);
- There is a history of domestic violence between the parties;
- The victim is inreasonable fear for there safety and a restraining order is necessary to protect the victim from future violence.
In order to make this assessment, judges will hear a variety of testimony and consider many forms of evidence during restraining order hearings. An FRO hearing may involve evidence such as voicemails, text messages, emails, medical records, as well as witnesses testimony and the testimony of both the defendant and the plaintiff.
Potential Results of a Final Restraining Order
If the judge finds justification for a final restraining order, it will be placed in effect immediately and may involve any of the following provisions:
- Protection from future violence
- Prohibiting the defendant from contacting, communicating with, or harassing the victim or the victim’s family/protected persons
- Prohibiting the defendant from coming near the victim’s home, workplace, school, etc.
- Custody of any minors, visitation or parenting time arrangements
- Financial support, including rent or mortgage payments and/or child support
- Monetary compensation for losses incurred as a direct result of the domestic violence
- Temporary possession of specific property
- Mental health counseling or anger management courses
- Prohibiting the defendant from possessing a firearm or weapon
Contact a Rutherford NJ Restraining Order Lawyer to Discuss Your Case
Clearly, the results of a final restraining order are serious for both parties involved. In fact, a permanent restraining order will remain in effect for the rest of your life unless you successfully appeal or petition the court to vacate the order. Rosa Rickett is a seasoned New Jersey domestic violence attorney who goes to battle for her clients in restraining order proceedings and also handles associated matters involving child custody, child support, divorce, and more. If you have questions about a restraining order matter in New Jersey, contact our offices in Hackensack at 201.968.5700 to schedule a consultation with a skilled New Jersey restraining order lawyer today. We assist clients in Bergen County and throughout New Jersey, including in Ridgewood, Lodi, Cliffside Park, Lyndhurst, Palisades Park, and Rutherford.