The immediate impact that a temporary restraining order (TRO) can have on a Defendant’s life is scary. Under New Jersey law, if a TRO is issued, the victim could seek to have the Defendant not only removed from their home but also forbid them from seeing and/or communicating with their children. A TRO is exactly what it sounds like, temporary. In order for the restraining order to become a final restraining order (FRO) the Defendant is entitled to a hearing on the facts. During that hearing the Judge will hear testimony from both parties and they will be forced to make a determination on whether or not a final restraining order is necessary to protect the plaintiff from immediate harm and/or future acts of domestic violence.
As if that isn’t bad enough, ordinarily, TRO’s are also accompanied with criminal charges as well, such as, aggravated assault, simple assault, criminal mischief, stalking, terroristic threats, false imprisonment, kidnapping or sexual assault. If you or a loved one has been charged with a tro in Morris County, the Law Office of Jonathan F. Marshall can help. Our office has eight criminal defense attorneys on staff, making our office one of the largest criminal defense firms in the State, let alone Morris County. We have extensive experience representing clients charged with TRO’s in towns like Madison, Parsippany, Chatham, Montville, Dover, Morristown, Mendham, Boonton and Rockaway. To schedule a free consultation, please contact our Morristown office at 973.309.7050. We are available around the clock to help assist in any way possible. Now here is some key information on temporary restraining orders in New Jersey.
Temporary Restraining Order Lawyers NJ
Temporary restraining orders are civil in nature in New Jersey and not criminal. Since these hearings are considered civil in nature, the hearings will take place in the family division of the Morris County Superior Courthouse, which is located in Morristown, New Jersey. In addition, since these hearings are not criminal in nature, the evidentiary standard is not beyond a reasonable doubt but by a preponderance of the evidence. Now here is some information on Court Rule 5:7A, which governs both temporary and final restraining orders in New Jersey.
Court Rule 5:7A
(a) 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. If it appears that the applicant is in danger of domestic violence, the judge shall, order emergency relief including ex parte relief, in the nature of a temporary restraining order.
(b) Issuance of Temporary Restraining Order by Electronic Communication: A judge may issue a temporary restraining order upon sworn oral testimony of an applicant who is not physically present. Such sworn oral testimony may be communicated to the judge by telephone, radio or other means of electronic communication. Subsequent to taking the oath, the applicant must identify himself or herself, specify the purpose of the request and disclose the basis of the application. A temporary restraining order may issue if the judge is satisfied that exigent circumstances exist sufficient to excuse the failure of the applicant to appear personally and that sufficient grounds for granting the application have been shown. This order shall be deemed a temporary restraining order.
(c) Temporary Restraining Order: 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.
What are the Ramifications of Issuing a TRO
The Defendant will be prohibited from possessing and/or owning any firearms, they will not be allowed to see and/or communicate with their children and they will also be forbidden from returning to their marital residence as well. With that being said, the Plaintiff will be awarded exclusive use of the marital home, full custody of the children and they may even be awarded some form of temporary relief as well.
Powerful Morris County Criminal Defense Firm
The Law Office of Jonathan F. Marshall is an experienced Morris County criminal defense firm. If you have been issued a temporary restraining order (TRO) in Morris County, in towns like Harding, Chester, Washington, Mount Olive, Roxbury, Pequannock, Jefferson, Denville, Randolph, Hanover or Florham Park we can help. With eight criminal defense attorneys on staff and over 100 years of combined experience their are very few situations that we haven’t dealt with. If you would like to come in to our office to discuss your options with one of our eight criminal defense attorneys please contact our Morristown office at 973.309.7050.