Hackensack NJ Temporary Restraining Order Lawyer
Domestic Violence Attorney in Bergen County, New Jersey
Domestic abuse is universally acknowledged as unacceptable; however, it occurs in New Jersey on a regular basis, resulting in criminal charges and restraining order proceedings in courts across the state. Victims of domestic violence are of all genders, races, ethnicities, and sexual orientations, and acts of abuse can occur among those in current or former dating relationships or marriages, among family members, parents or expectant parents, and even roommates. In many cases, abuse reaches a point at which the victim fears for his or her safety and files a temporary restraining order (TRO). In other cases, police are called to the scene of an alleged domestic violence incident and they choose to file a restraining order on the victim’s behalf. Once a temporary restraining order is issued, the defendant is barred from having any contact with the plaintiff and a final restraining order hearing must be held within 10 days. Regardless of which side of the temporary restraining order you find yourself on, the outcome of the final restraining order hearing can significantly impact your life for years to come.
In order to thoroughly understand your rights in a domestic violence case and to protect yourself, it is critical to have an experienced New Jersey restraining order lawyer on your side. At The Elfant Rickett Law Firm, our practice is dedicated entirely to family law matters, including restraining orders and issues of domestic violence. We regularly assist clients in Bergen County and throughout New Jersey with temporary and final restraining orders, as well as divorce, child custody, and other issues that may be intertwined with allegations of abuse. To discuss your specific situation with an experienced NJ family law attorney, contact our offices in Hackensack at 201.968.5700 to schedule a consultation.
Temporary Restraining Orders in New Jersey
When an alleged domestic violence incident occurs in New Jersey, the alleged victim has several options: he or she can file a temporary restraining order and/or a criminal complaint against the alleged abuser. A temporary restraining order can be filed at the Superior Court in your county of residence during regular business hours or at your local police department after-hours and on weekends and holidays. The intention of the temporary restraining order is to provide temporary protection for the alleged victim prior to the final restraining order hearing, at which time a judge will decide if the order should become permanent.
In order to issue a temporary restraining order, a judge must have a reasonable belief that an act of domestic violence has occurred. New Jersey Court Rule 5:7A addresses temporary restraining orders, stating the following:
- Application for Temporary Restraining Order. Except as provided in paragraph (b) herein, an applicant for a temporary restraining order shall appear before a judge personally to testify upon the record or by sworn complaint submitted pursuant to N.J.S.A. 2C:25-28. If it appears that the applicant is in danger of domestic violence, the judge shall, upon consideration of the applicant’s domestic violence affidavit, complaint or testimony, order emergency relief including ex parte relief, in the nature of a temporary restraining order as authorized by N.J.S.A. 2C:25-17 et seq.
- Temporary Restraining Order. In court proceedings instituted under the Prevention of Domestic Violence Act of 1990, the judge shall issue a temporary restraining order when the applicant appears to be in danger of domestic violence. The order may be issued ex parte when necessary to protect the life, health, or well-being of a victim on whose behalf the relief is sought.
*Under certain circumstances in which the alleged victim cannot appear in court, a judge may issue a temporary restraining order if the alleged victim provides sworn oral testimony through telephone, video, or other means of electronic communication.
If a temporary restraining order is issued, the defendant is no longer allowed to contact the plaintiff or to go near their home, place of work, school, or any other location specified in the TRO. If children are involved, the court may implement a temporary visitation schedule until the matter is resolved through final restraining order proceedings.
Consult a Fort Lee NJ Restraining Order Attorney for More Information
If you are the victim or the accused in a domestic violence matter, you have questions regarding domestic abuse and restraining orders in New Jersey, or you are scheduled to appear at a restraining order hearing, it is highly advisable to consult a knowledgeable New Jersey domestic violence lawyer. Contact The Elfant Rickett Law Firm at 201.968.5700 to find the answers you need to protect yourself now and in the future. With offices in Bergen County, we represent clients in Hackensack, Fort Lee, Teaneck, Garfield, Bergenfield, and throughout New Jersey.