What happens after I get a temporary restraining order NJ?
Hudson County Domestic Violence Attorneys in Jersey City, New Jersey
If you have recently obtained a temporary restraining order (“TRO”) or you have just been served with a TRO, you probably want to know what happens next. First and foremost, a TRO will prohibit any contact between the parties, period. In addition, it may list other protected parties such as children and relatives or protected places such as homes, schools, and relatives’ homes. A TRO may also address any custody or visitation issues if the parties have minor children together. Most importantly, the protective provisions included in the TRO will remain in effect until the case is resolved. Generally, there are three possible outcomes of a restraining order case: dismissal by the plaintiff, civil restraints, or a final restraining order trial.
No matter your side of a TRO, the experienced restraining order attorneys at the Tormey Law Firm have handled countless domestic violence cases and they’re ready to help you achieve the outcome you want for your restraining order case. Contact our offices anytime for a free initial consultation at (908)-336-5008.
Here is a five star review from one of our many satisfied restraining order clients:
“What can I say that hasn’t already been driven home in all of the other reviews about Travis. I’m a young professional and was served a vindicative Temp. Restraining Order from an Ex. As someone who has never been involved with law or the courts, I was understandably pretty nervous regardless, considering this is something that could appear on a background check for future employment. As soon as I met with Travis all those nerves and fears drifted away. Travis was able to successfully get the TRO dismissed without even going to a trial, and i am truly thankful for Travis and his confidence and savviness when it pertains to the law. Will reccomend him to anyone who requires a knowledgable and down to earth Attorney.”
Once a Plaintiff Obtains a Temporary Restraining Order – What happens next?
After the plaintiff gets a temporary restraining order, there will be a hearing scheduled at the New Jersey Superior Court, Family Part within ten days. At the first hearing, the court will ask the plaintiff, “are you seeking a final restraining order?” If the plaintiff has changed his or her mind and is requesting that the temporary restraining order be dismissed, then the court will require the plaintiff to meet with a domestic violence counselor to learn about the cycle of domestic violence and what it means to dismiss a restraining order. Essentially, the court will only dismiss a temporary restraining order if the plaintiff understands the consequences of doing so and as long as the plaintiff is doing so knowingly and voluntarily.
If, on the other hand, the plaintiff does not want to dismiss the temporary restraining order, the court will ask both the plaintiff and defendant if they are ready to proceed to trial. Usually, the parties will request additional time, or an adjournment, to consult with an attorney and gather evidence for the final restraining order hearing. Accordingly, the court will typically grant a short adjournment for the parties to prepare for the final restraining order trial. During the adjournment, the plaintiff will build his or her case as to why a final restraining order is necessary and, likewise, the defendant will develop a defense as to why a final restraining order is unnecessary.
There is one middle ground between a dismissal and a final restraining order: civil restraints. Civil restraints are essentially an agreement between both parties that they will not contact one another going forward. In addition, the parties can agree to terms regarding personal effects, property, financial support, and child custody issues. For civil restraints to occur, the plaintiff will technically drop the restraining order and then both parties will sign a Consent Order for Civil Restraints that will then be reviewed and finalized by the court. Oftentimes, the parties to a restraining order are also going through a divorce and, if so, the court will incorporate the civil restraints into the divorce proceeding.
Hudson County Restraining Order Lawyers Available Now to Assist You
The restraining order lawyers at the Tormey Law Firm are available to assist you if you have recently obtained or have been served with a temporary restraining order. Whether you are a victim of domestic violence and need help preparing for trial or you are a defendant who has just been served with a temporary restraining order and need to develop a defense, the experienced domestic violence attorneys at the Tormey Law Firm are ready to help at (908)-336-5008.