Standard of Proof in NJ Restraining Order Cases
NJ Restraining Order Lawyers with offices in Morristown, Hackensack, and Newark NJ
If you or a loved one is facing a temporary restraining order (TRO) and is scheduled for a final restraining order (FRO) hearing in New Jersey, the restraining order defense lawyers at the Tormey Law Firm LLC can help. Our experienced criminal defense attorneys have literally handled hundreds of restraining orders in every county in NJ with tremendous results. We know the process, the judges, and how to fight to have your restraining order dismissed. Contact our experienced attorneys anytime for a comprehensive evaluation of your case. The initial consultation is always provided free of charge at 201-556-1570.
Standard of Proof in Restraining Order Cases NJ: Preponderance of Evidence
Restraining order cases in NJ can sometimes be confusing because they are often accompanied by criminal charges. However, a restraining order case in New Jersey is a civil matter. These matters are handled in the Family Division of the Superior Court in the county in which the case was filed. A restraining order case will be heard by a Superior Court Judge, not a jury and the case is decided by a “preponderance of evidence” civil standard. This means “more likely than not” or a 51% burden of proof on the plaintiff. In a criminal case, on the other hand, the burden of proof is “beyond a reasonable doubt”.
However, if a final restraining order (FRO) is entered against you, it can effect your job and potentially show up on background checks, even though it’s a “civil” matter. This is based on the mandatory fingerprinting that occurs if a final restraining order (FRO) is granted against you. As a result, it is imperative that you avoid a FRO being granted in your case at all costs.
Contact Morristown NJ Restraining Order Lawyers at the Tormey Law Firm LLC for Help
For immediate assistance regarding a restraining order case in NJ, contact our offices at 201-556-1570 for help. The initial consultation is always provided at no cost to you.