TEMPORARY RESTRAINING ORDERS (TRO)
Temporary Restraining Order Attorneys Monmouth County NJ
Serving Domestic Violence Clients in TRO Proceedings in Sea Girt, Wall, Pt Pleasant, Menasquan, Red bank and across Monmouth County, NJ
A temporary restraining order, also known as a TRO, is a court order designed to protect an individual from an abuser. TROs are not permanent and can be modified, dismissed, or contested by the opposing party at a final hearing.
How is a TRO issued in New Jersey?
In some circumstances, the police are called and respond to a domestic dispute. Upon arrival to the location, the police speak with witnesses, gather information, and make observations concerning the situation. If it appears that the circumstances giving rise to the altercation were the result of a domestic dispute, charges will be filed. In charging the complaint, the police notify the victim of domestic violence that he or she has the right to seek a temporary restraining order. If the victim advises the police that they would like a temporary order of protection, they must speak with an on-call judge, usually at the municipal court level.
The police then assist the victim of domestic violence in seeking the temporary restraining order by informing them of their rights and putting them in contact with the municipal judge. Then, the victim goes before the judge and explains the situation that led to the request for the temporary restraining order. For example, the victim will explain the altercation that immediately preceded the request for the temporary order, as well as the nature of the relationship with the alleged abuser.
Relationship: Requirement for Obtaining a Temporary Restraining Order
The nature of the relationship with the abuser is a requirement for obtaining a temporary order. For instance, domestic violence only occurs between two people that are or were in a dating relationship, family members, married, have a child in common, or household members. Therefore, a friend or neighbor cannot seek a temporary restraining order unless they can prove one of the above factors.
Once the relationship is established and the facts are set forth to the court, the court will decide whether the person appears to be in fear for his or her safety and if a temporary order should be issued.
In many cases, temporary orders are issued because only the victim’s information and rendition of the events was put before the initial judge. The defendant (the person against whom the order is sought) has no right to be present and has no knowledge that the order is being issued. Only after the temporary order is issued will the Defendant be notified and served with the order.
Impact of a Temporary Restraining Order on Your Life
The police take the temporary order signed by the judge and personally serve the defendant with the order and seize all firearms that the Defendant may have. The officer writes down the date, time and location in which the order was served and forwards the signed order to the Family Division in the county in which the case will be heard. Once the Defendant is served with the order, he or she must abide by all instructions and restrictions as noted in the order. If a person fails to abide by the no contact provisions of the order or violates the order in any way, he could be charged with an offense of contempt. A charge of contempt, depending on the nature of the contact, can either be a disorderly person’s offense or a fourth degree criminal offense. It is advisable not to have any contact with the Plaintiff/victim until the date of the final restraining order (FRO), in the presence of the court.
Final Hearing for FRO Following the Approval of a Temporary Order
A date for a final restraining order hearing will be noted on the temporary order. That final hearing is a day that both parties go before the court to set forth (Plaintiff) the allegations or contest (defendant) the allegations that led to the temporary restraining order. Both parties will be able to testify, present evidence and set forth facts in pursuit or opposition to a final order.
Contact Trusted Family Law Attorneys Today
Peter and Alex – attorneys at Bronzino Law Firm, both were born, raised and reside in the Ocean and Monmouth County area. Both have clerked for local family law judges in family law court across counties. Their familiarity and commitment to members of local communities lends itself as a critical component of what drives their successes in court proceedings in towns of Sea Girt, Wall, Pt Pleasant, Menasquan, Red bank and across Monmouth County, NJ.