Middlesex County Restraining Order Lawyers
Handling Final Restraining Order Hearings in New Brunswick, NJ
Have you been served with a temporary restraining order (TRO) in Middlesex County and you have a final restraining order (FRO) hearing scheduled at the Superior Court, Family Division in New Brunswick? We can help. Contact our New Brunswick offices now for immediate assistance and a free initial consultation.
We recently represented a defendant who was facing a permanent restraining order in Middlesex County. In New Jersey, restraining orders stay with you forever and never expire. That’s why it is essential that you hire an attorney to fight to have your restraining order dismissed in court. If it is entered, the defendant will be fingerprinted and placed into a NJ statewide database for domestic violence offenders. It could effect their employment, professional licenses, immigration status, and traveling in and out of the United States. They are prohibited from owning or possessing firearms and from having any contact with the Plaintiff. They will also be prohibited from their home, place of employment, and from contacting any other parties listed on the final restraining order.
In this case, the plaintiff and his girlfriend had an argument. She filed the TRO based on several predicate acts of domestic violence including assault, terroristic threats, and harassment. A plaintiff must prove each element of the restraining order on a civil standard which is “by a preponderance of the evidence”. This basically means “more likely than not” that this happened. If she can prove that any of these acts of domestic violence occurred, then that is sufficient. So, if the judge finds harassment but not assault or terroristic threats, then that is enough.
She must also show a prior history of domestic violence (in most cases). If the defendant committed an egregious act of domestic violence, such as stabbing her or breaking her jaw, then no prior history of violence is required.
Finally, the plaintiff must show that she is in fear and a reasonable person in her position would be in fear for her safety based on the defendant’s actions. If this fear is warranted, then she needs the protection of the court and a final restraining order should issue.
Here, after hearing all of the evidence from both sides, the Judge dismissed the restraining order. He found no predicate acts of violence and he found that there was no need for a restraining order in this case because the plaintiff was not in fear. In fact, she continued to return to the residence and instigate the argument.
Restraining Order Trial Lawyer Needed New Brunswick, NJ
This was a great result for our client and our law firm. If you or a loved one needs assistance with an order of protection in Middlesex County NJ, contact our New Brunswick office now for a free consult with one of our experienced domestic violence attorneys.