Woodbridge NJ Final Restraining Order Lawyers
Domestic Violence Defense Attorneys in Middlesex County, New Jersey
If you are involved in a final restraining order proceeding as a result of domestic violence then it is highly recommended that you hire an experienced restraining order attorney who can assist you throughout this process. A Final Restraining Order (“FRO”) Hearing is a civil proceeding heard before a Superior Court Family Division Judge in the county where the alleged incidents took place. A restraining order proceeding is a process that is completely distinct from any alleged criminal acts and hearings that may have brought upon the FRO in the first place. Such crimes that can act as the basis of the restraining order often include Simple Assault, Harassment, and Terroristic Threats. Criminal charges will be heard separately before a Municipal Court Judge or Superior Court Criminal Judge, depending on the degree, severity, and location of the crime.
While the FRO and criminal proceedings are isolated from one another, sometimes the outcome of one case can affect how the other case proceeds. However, testimony from one case is usually not unavailable to be introduced in the other case. These types of proceedings are usually very complicated by their nature and can be very overwhelming for those who do not understand court procedures and are unaware of their rights. An experienced lawyer can help you navigate the court system and will often make the difference in the ultimate result of your case. If you are required to appear for a Final Restraining Order hearing in Middlesex County, contact The Law Offices of Proetta & Oliver today at (732) 659-9600 for a free consultation. We will listen to the specific circumstances of your case and answer all of your questions.
Final Restraining Orders: What do they mean in New Jersey?
The entire FRO process moves very quickly. A Final Restraining Order Hearing will be set within 10 days of the date of when the Temporary Restraining Order had been entered entered. The FRO Hearing is a set trial date in which the parties will present evidence regarding the alleged domestic violence, harassment, or assault. It will also come to conclusions regarding injunctive relief such as spousal or child support, custody or visitation, and the need for substance testing or counseling. The superior court judge has the discretion to order a risk assessment at this time.
In order for a Final Restraining Order to be entered, the judge must find that there was a predicate act (i.e. assault), a prior history of domestic violence, and that a reasonable person would be in fear for their safety based on the totality of the circumstances. If the judge finds that these requirements are met, the defendant or “aggressor” will have a Final Restraining Order entered against them. Then, the defendant will be fingerprinted so that the order can be registered in the state and national domestic violence database. Thereafter, consequences of a FRO include forfeiture of the defendant’s weapons and potential criminal charges if the defendant is charged with violation of the FRO. Moreover, once a FRO is entered it is on the defendant’s record permanently and will remain unless the defendant successfully petitions the court in the future for a motion to Vacate the Restraining Order.
Contact a Perth Amboy NJ Final Restraining Order Attorney
If a final restraining order (FRO) has been issued against you anywhere in Middlesex County, including Woodbridge, Edison, Highland Park, New Brunswick, East Brunswick, or Piscataway, then you are also possibly facing some domestic abuse or assault and threat criminal charge. Feel free to contact and experienced Middlesex County domestic violence defense attorney to guide you through the FRO process and best protect your interests in the charges that you may be facing. For a free consultation contact us at (732) 659-9600.