Saddle Brook NJ Final Restraining Order Lawyers

Once a plaintiff (victim) files a temporary restraining order the defendant must appear in the Family Division of the Bergen County Superior Court to answer the complaint filled. The defendant has the absolute right to have a judge determine by a preponderance of the evidence standard, whether or not the victim is entitled to a Final Restraining Order (“FRO”). If an temporary restraining order becomes a final restraining order it will remain in place unless either the victim withdraws the final order or enough time has passed that a judge is convinced that the FRO is no longer necessary. A final restraining order can have devastating consequences if it is entered. The Law Offices of Jonathan F. Marshall has over 100 years of combined experience on staff. Our team of eight criminal defense trial attorneys are prepared to fight to protect your rights. If your or someone you know has had a temporary restraining order issued against them in towns like Paramus, Englewood, Montvale, Tenafly, East Rutherford, Fort Lee, Hackensack, Lodi, Ramsey or anywhere else in Bergen County we can help.

Final Restraining Order Hearing Lawyers in East Rutherford NJ:

A final restraining order hearing must take place within ten days of the issuance of a temporary restraining order. This hearing will take place in the Family Division of the Bergen County Superior Court. The burden of proof that the judge will hold the victim too is known as a “preponderance of the evidence”. This standard is drastically less than the traditional beyond a reasonable doubt standard that the criminal justice system uses. Further, the defendant is not entitled to a jury trial on this type of matter, they are only afforded the right to have a bench trial.

The major factors that the Judge will look to in deciding whether or not a final restraining order is necessary are as follows:

  1. Any previous instances of domestic violence between the plaintiff (i.e. the victim) and defendant, such as,
      1. Threats,
      2. Harassment,
      3. Physical abuse;
  2. The existence of immediate danger to victim or their property;
  3. The overall financial circumstances of the victim and defendant;
  4. The best interests of the victim and child;
  5. The need to protect the victim when considering visitation & custody; &
  6. Has there been a previous order of protection from another jurisdiction entered.

With that being said, these factors are not exclusive, the Judge may look to whatever else he/she deems necessary to make their determination.

Typical Criminal Charges Associated with FRO:

  1. Terroristic Threats
  2. Harassment
  3. Stalking
  4. Assault

Ramifications of a FRO being entered in NJ:

If the Family Division Judge determines that an FRO is necessary, they have the power to prevent the defendant from having contact with the victim (both directly or indirectly); prevent the defendant from living with the victim; order the victim sole possession of the home, require payment of household bills from the defendant, set child support & visitation rights (including not only the time allotted but also whether the visitation is supervised or not), anger management, forfeiture of all firearms possessed,  and potentially attorneys fees.

Fort Lee NJ Final Restraining Order Attorney

On staff at The Law Offices of Jonathan F. Marshall is four former prosecutors. We have the experience and knowledge necessary to adequately protect your rights. As you can tell from above, the issuance of a final restraining order in Bergen County can have a devastating impact on your life. If you or someone you know has been issued a temporary restraining order it is imperative that you speak to an experienced domestic violence defense trial attorney about your options. If you have any questions about domestic violence feel free to contact any one of our Bergen County Offices for an initial consultation about your charges.