Madison NJ Restraining Order Lawyers Handling Final Hearings in Morris County
Were you served with a restraining order in Madison, in Morris County, New Jersey? Our highly skilled Madison domestic violence attorneys assist clients who find themselves in your situation on a regular basis and we are here for you. Inevitably, you will have an upcoming final restraining order hearing in Morris County Superior Court, Family Division, the outcome of which is permanent for you and the other person involved. Whether you are the plaintiff or the defendant in a domestic violence case in Madison NJ, we have extensive experience handling temporary and final restraining orders and we can help you deftly navigate the process ahead. Contact us now at 908-336-5008 for a free initial consultation and begin the process of best protecting your interests.
Fighting a Restraining Order in Madison, New Jersey
The Morris County restraining order defense lawyers at the Tormey Law Firm recently prevailed at trial, resulting in the dismissal of a restraining order. Our client was accused of harassment by his wife, who alleged that our client was abusing a controlled dangerous substance and that the substance use created a dangerous environment that could only be stopped by a final restraining order. This allegation, however, did not fit within the statutory definition of harassment and, fortunately for our client, the family court judge was convinced by our persuasive legal argument. The end result after the final restraining order trial was that the court dismissed the restraining order and all of the restrictions put in place by the initial temporary restraining order were lifted.
Under the Prevention of Domestic Violence Act of 1991, harassment is considered one of nineteen predicate acts of domestic violence that can justify the entry of a restraining order. N.J.S.A. 2C:33-4 sets forth that a person commits harassment if, with purpose to harass another, he: a) makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; b) subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or c) engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person. Because of the specific statutory language, the family court judge agreed that our client’s alleged drug use could not be used as a basis for a restraining order because, in this case, one person’s drug use does not indicate an intent to harass another person. Accordingly, the court dismissed the restraining order after conclusion of the trial.
Final restraining order trials are typically scheduled within ten days of the entry of a temporary restraining order. During a final restraining order trial, the plaintiff must prove by a preponderance of the evidence that a predicate act of domestic violence occurred and that a final restraining order is needed for protection from the defendant. At trial, both parties are permitted to present their own testimony, witnesses, documents, photographs, and other physical evidence; however, the questions asked and the evidence presented must comply with the court rules and the rules of evidence. Thus, it is important to have an experienced restraining order attorney on your side during a final restraining order hearing.
Consequences of Domestic Violence Allegations in Madison NJ
Harassment and other domestic violence allegations are considered grounds for a temporary restraining order and final restraining order in New Jersey. If a final restraining order is entered against you, you cannot contact or come in close proximity to the victim, own or possess a weapon, contact any of the victim’s loved ones or other protected persons listed on the order, return to the home that you and the victim shared (if applicable), and other potential forms of relief that may be ordered by the judge in your case. You may even be forced to provide child support, spousal support, or to pay restitution to the victim for the costs and expenses associated with the domestic violence. Clearly, the consequences you risk without getting a restraining order in Madison dismissed are extensive.
Notably, being accused of an act of domestic violence does not necessarily end with just a restraining order. In fact, you can face additional criminal charges for these actions as well. For instance, being accused of harassment means that you may be charged with a criminal offense in violation of N.J.S.A. 2C:33-4, and be forced to attend the Joint Municipal Court located at 50 Kings Road in Madison, New Jersey to face the charges. Harassment is considered a petty disorderly persons offense in New Jersey, which is basically New Jersey’s lowest-level criminal misdemeanor. If convicted of harassment, you may be punished by up to 30 days in jail and a fine of up to $500. In addition, you will have a criminal conviction on your record that will appear when potential employers and others conduct a background check.
Obviously, harassment is just one of the many domestic violence allegations you may face in Madison, New Jersey. Other common accusations listed on complaints for domestic violence include simple assault, criminal mischief, and terroristic threats. Regardless of the specific offenses involved in your case, you may face the entry of a final restraining order in addition to the consequences of a criminal conviction for domestic violence. The nature of the charges and the specific degree of crime determine the penalties in criminal court, while the consequences of a restraining order are permanent unless the order is removed at some point in the future.
Served with Restraining Order in Madison NJ – Need Lawyer for Domestic Violence Hearing
The domestic violence lawyers at the Tormey Law Firm have successfully handled countless restraining order cases in Madison and throughout Morris County, New Jersey, and now they’re ready to help you. A member of our legal team is available immediately to answer your questions, address your concerns, and discuss the best strategy for you moving forward. Call 908-336-5008 now for more information and a free consultation.