Monmouth County Temporary Restraining Orders Lawyer

Put Years of Experience in Your Corner

Claims of domestic violence can lead to the issuance of Temporary Restraining Orders. A Temporary Restraining Order occurs when a Judge orders a person to stay away from and avoid contacting another specified individual. 

These orders are issued in domestic violence cases, or cases that involve violence or threatening behavior that occurs between significant others, family members, or other individuals in certain types of close relationships.

What is a Temporary Restraining Order?

Temporary Restraining Orders (TRO) are protective orders that are granted after Domestic Violence Complaints are made for example, when the Court believes that the person making the claim is currently in danger, is being harassed or abused among other acts. 

A Temporary Restraining Order lasts a limited amount of time and is designed to give the victim immediate protection while he or she takes the necessary steps toward getting a final and permanent restraining order issued.

Restraining orders have very serious implications. Individuals can be ordered to stay away from their own husbands and wives, their own children and their own homes. These can be very important tools for protecting innocent victims who find themselves in serious danger. 

There are also situations, however, in which restraining orders are misused and based on false allegations. For example, one parent might try to use a temporary restraining order to gain the advantage in a child custody dispute.

At Amdur, Maggs & Dugan, we have experienced Monmouth County Temporary Restraining Orders lawyers who also practice in Ocean and Middlesex counties. Our attorneys can help individuals who are dealing with Temporary Restraining Orders, both representing individuals who have the protections of a Temporary Restraining Order as well as who have a Restraining Order entered against them.

How Do You Qualify for a Temporary Restraining Order in Monmouth County?

To qualify for a TRO in New Jersey, certain legal requirements must be met. A TRO can be granted if the applicant can show that they have been the victim of an act of domestic violence or harassment. The court must also determine that there is a reasonable belief that the person seeking protection is at risk of harm.

Under the Prevention of Domestic Violence Act (PDVA), domestic violence can encompass a wide range of offenses, including but not limited to:

• Physical assault
• Sexual assault
• Threats of harm
• Stalking
• Harassment
• Kidnapping
• Criminal restraint

If you are a victim of one or more of these acts, you may be eligible for a temporary restraining order. A Monmouth County Temporary Restraining Orders lawyer can assess your situation and help you understand your legal rights.

How Temporary Restraining Orders are Issued?

To obtain a Temporary Restraining Order, the victim must provide sworn oral testimony, though the testimony does not necessarily need to be made to the Judge in person. The Judge must be satisfied that the circumstances of the situation merit the order being issued without the grounds for the claim first being proven. 

The point of a Temporary Restraining Order is to ensure that the victim's life, health and well-being are protected. Once this order is issued, a hearing will be scheduled to occur within 10 days. At the hearing, the Court will review evidence in the case to determine whether to continue the protective order.

Various factors will be reviewed at the hearing, including the incident that led to the Order being issued, whether the alleged offender had any history of domestic violence with the alleged victim, along with a number of other factors.

Below are a few of the actions that can be barred through a Temporary Restraining Order:

• Subjecting the alleged victim to further domestic violence
• Contacting or attempting to contact the alleged victim
• Going to the residence, school or place of employment of the alleged victim or of any household members of that individual (or other locations these individuals frequent)
• Continuing to reside in the same household as the alleged victim

Individuals who are issued restraining orders can even end up temporarily losing custody of their children or parenting time. There are also many other consequences that can arise from Temporary Restraining Orders. You can review these consequences with the help of a knowledgeable Temporary Restraining Orders lawyer in Monmouth County.

What Does a Temporary Restraining Order Include?

A TRO is designed to provide immediate protection, and it may include several provisions to ensure the safety and well-being of the individual seeking the order. The specific terms of a TRO may vary depending on the circumstances of the case, but they often include:

• Prohibition of contact: The defendant is prohibited from contacting the plaintiff through any means, including phone calls, text messages, emails, or social media.
• Exclusion from the home: In cases involving domestic violence, the defendant may be ordered to leave the shared residence and refrain from returning.
• Temporary custody or visitation arrangements: If children are involved, the court may issue temporary custody or visitation arrangements to ensure their safety.
• Firearm restrictions: In some cases, the defendant may be ordered to surrender any firearms or weapons they possess.
• Stay-away orders: The defendant may be required to stay a certain distance away from the plaintiff, their home, workplace, or other locations.

A Monmouth County Temporary Restraining Orders Lawyer will work to ensure that the terms of the TRO are appropriate for your situation and that they offer the necessary protection to prevent further harm.

Commonly Asked Questions

What Proof Do You Need For a Restraining Order in New Jersey?

To obtain a restraining order in New Jersey, you need to provide proof of an act of domestic violence or harassment. This can include physical evidence (e.g., photos of injuries or damage), text messages, emails, witness testimony, police reports, or any documentation showing a history of threats or abuse.

Can a TRO Be Dropped in NJ?

Yes, a temporary restraining order (TRO) can be dropped in New Jersey if the plaintiff decides to withdraw their request or if the judge finds insufficient evidence to support the TRO at the final hearing. The defendant may also request the TRO to be dismissed, but it requires a legal process to be officially dropped.

Does a Temporary Restraining Order Stay on Your Record in NJ?

A TRO itself does not remain on your permanent criminal record unless it leads to a conviction for violating the order. However, if a final restraining order (FRO) is issued, it may be recorded in the state’s domestic violence registry and could impact future legal proceedings or employment, especially in sensitive professions.

How to Appeal a Temporary Restraining Order in NJ?

To appeal a TRO in New Jersey, the defendant must file an appeal with the Appellate Division of the New Jersey Superior Court. This typically involves filing a notice of appeal and an appellate brief outlining the reasons for contesting the TRO. Legal representation is recommended to navigate this process effectively.

Understanding the Long-Term Impact of Temporary Restraining Orders

Temporary Restraining Orders (TROs) can have significant implications on various aspects of your life, from personal relationships to employment opportunities. It's crucial to understand not only the immediate effects of a TRO but also how it can influence your future. Our experienced attorneys at Amdur, Maggs & Dugan are here to guide you through these complexities.

Consider the following long-term consequences of a TRO:

• Impact on Personal Relationships: A TRO can strain relationships with family, friends, and colleagues, making it essential to navigate the situation carefully.
• Employment Concerns: Depending on the nature of the allegations, a TRO may affect your job security or professional reputation.
• Legal Proceedings: A TRO can lead to further legal actions, including custody disputes or divorce proceedings.
• Future Legal Rights: Understanding how a TRO may affect your rights in future legal matters is vital for long-term planning.

At Amdur, Maggs & Dugan, we are committed to protecting your rights and helping you understand the full scope of how a Temporary Restraining Order can affect your life. 

Seeking Help from a Legal Professional

When dealing with restraining orders, it is best to seek help from someone who is professionally trained in dealing with these types of matters. Amdur, Maggs & Dugan's legal team is prepared to handle all types of family law matters, including those that relate to domestic violence and Temporary Restraining Orders.