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:
- Any previous instances of domestic violence between the plaintiff (i.e. the victim) and defendant, such as,
- Physical abuse;
- The existence of immediate danger to victim or their property;
- The overall financial circumstances of the victim and defendant;
- The best interests of the victim and child;
- The need to protect the victim when considering visitation & custody; &
- 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:
- Terroristic Threats