Bergen County Temporary Restraining Order Attorney

The issuance of a temporary restraining order (“TRO”) in New Jersey can be devastating on one’s life.  An issuance of a temporary restraining order can force the defendant to be removed from their home (if shared with victim) and forbidden to see their child. Typically a TRO is accompanied by some form of criminal charges, usually, a stalking, harassment, assault or terroristic threats. As the phrase dictates, a TRO is temporary in nature, as the plaintiff (i.e. victim) must appear and testify at a Final Restraining Order Hearing before the said TRO and the implications that come along with it, can become permanent. At the final restraining order (“FRO”) hearing is when an experienced criminal defense attorney can not only vigorously cross examine the plaintiff but also present your case to the judge to help prevent the TRO from becoming a FRO. The Law Offices of Jonathan F. Marshall has over 100 years of combined experience on staff, including over twenty-five years of prosecuting experience. Our team of eight criminal defense attorneys are prepared to fight to protect your rights. If you or someone you know has had a TRO issued against them in Bergen County in towns like Paramus, Fort Lee, Elmwood Park, Fair Lawn, Palisades Interstate Park and Cliffside Park we can help. Here is some important information with regards to the issuances of a TRO and what we can do to help.

Temporary Restraining Order Attorney in Mahwah NJ: Court Rule 5:7A

It is important to note here that a temporary restraining order / final restraining order proceedings are civil in nature and not criminal. Therefore, these hearings will take place in the Family Division of the Bergen County Superior Courthouse not the criminal division. Further, since these matters are civil in nature, the evidentiary standard which the judge will impose is “by a preponderance of the evidence” not “beyond a reasonable doubt”.

Procedures for TRO: Court Rule 5:7A

(a) Application for Temporary Restraining Order: Except as provided in paragraph (b) herein, an applicant for a temporary restraining order shall appear before a judge personally to testify upon the record or by sworn complaint. If it appears that the applicant is in danger of domestic violence, the judge shall, order emergency relief including ex parte relief, in the nature of a temporary restraining order.

(b) Issuance of Temporary Restraining Order by Electronic Communication: A judge may issue a temporary restraining order upon sworn oral testimony of an applicant who is not physically present. Such sworn oral testimony may be communicated to the judge by telephone, radio or other means of electronic communication. Subsequent to taking the oath, the applicant must identify himself or herself, specify the purpose of the request and disclose the basis of the application.  A temporary restraining order may issue if the judge is satisfied that exigent circumstances exist sufficient to excuse the failure of the applicant to appear personally and that sufficient grounds for granting the application have been shown. This order shall be deemed a temporary restraining order.

(c) Temporary Restraining Order: The judge shall issue a temporary restraining order when the applicant appears to be in danger of domestic violence. The order may be issued ex parte when necessary to protect the life, health, or well-being of a victim on whose behalf the relief is sought.

(d) Final Restraining Order: A final restraining order of the defendant shall be issued only on a specific finding of domestic violence or on a stipulation by a defendant to the commission of an act or acts of domestic violence as defined by the statute.

(e) Procedure Upon Arrest Without a Warrant: Whenever a law enforcement officer has effected an arrest without a warrant on a criminal complaint brought for a violation otherwise defined as an offense under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., bail may be set and a complaint-warrant may be issued.

(f) Venue in Domestic Violence Proceedings: Venue in domestic violence actions shall be laid in the county where either of the parties resides, in the county where the domestic violence offense took place, or in the county where the victim of domestic violence is sheltered. The final hearing is to be held in the county where the ex parte restraints were ordered, unless good cause is shown for the hearing to be held elsewhere.

Major Ramifications of Issuing a TRO:

          • The defendant will be forbidden from returning to the shared household;
          • The defendant will be prohibited from possessing any firearms & must forfeit all firearms owned;
          • The plaintiff will typically be award exclusive use and occupancy of the shared household;
          • The plaintiff will typically be awarded custody of any children; &
          • The plaintiff will typically be awarded some form of financial support.

Lodi NJ Temporary Restraining Order Lawyers

The Law Offices of Jonathan F. Marshall has been defending individuals in Final Restraining Order hearings throughout Bergen County, in towns like Mahwah, Ramsey, Westwood, East Rutherford, Lodi and North Arlington for over fifteen years. We fully understand the seriousness of the charges and are prepared to fight to protect your rights. As you can see from above the issuance of a TRO can be devastating, therefore, it is imperative to make sure that the TRO does not become a FRO. If you or someone you know has been issued a TRO or any other form of domestic violence for that matter, we can help. Please contact any one of our Bergen County Offices for a free initial consultation about your pending complaint.