Middlesex County Temporary Restraining Order Lawyer
Domestic Violence Attorneys in Edison, New Jersey
In order for someone to obtain a restraining order against another individual in New Jersey, they must go through a two-step process. If you are arrested for an act of domestic violence such as simple assault, harassment, or terroristic threats in New Jersey, the victim is given the opportunity to choose whether or not to impose a temporary restraining order on you. A TRO is exactly what it appears to be – the victim’s temporary protection in the wake of the Final Restraining Order Hearing. The TRO can be issued by any Superior Court Judge in the county or by the Municipal Court Judge of the town in which the incident took place if the Superior Court is closed. Because temporary restraining orders are only temporary by nature, the requirements are easier to meet than those of Final Restraining Orders (“FRO”) and normally only require that 1) there appears to be a danger of domestic violence and 2) it is necessary to protect the well-being of the victim.
In addition to the restraining order proceedings, the defendant of a domestic violence incident is often charged with separate criminal charges for the underlying act that brought about the restraining order in the first place. This is not considered “double jeopardy” or double prosecution because the restraining order is a civil proceeding while any accompanying charges such as simple assault or harassment are criminal proceedings. Due to this important difference, neither the temporary restraining order, nor the criminal offense, has an impact on the other. When you are facing a restraining order and/or criminal charges for alleged domestic violence, it is critical to have an experienced advocate in your corner. To discuss your specific situation with a knowledgeable Middlesex County restraining order attorney free of charge, contact the Edison Law Offices of Proetta & Oliver at (732) 659-9600.
Temporary Restraining Orders in Middlesex County NJ
The function of a Temporary Restraining Order is to provide quick emergency relief for an alleged victim of some sort of domestic violence before a Final Restraining Order can be entered. Once the TRO is issued, a Final Restraining Order Hearing must be set within 10 days of the date of the TRO. As a rule of thumb they are normally set within a week of the incident. A Temporary Restraining Order requires a showing of the three factors:
|(1) The victim must a “victim” as defined under the Domestic Violence Act, N.J.S.A. 2C:25-18 and 2C:25-19d;|
|(2) The defendant must have committed one of the 19 acts constituting domestic violence under 2c:25-19a and;|
|(3) The victim must have satisfied one of criteria set out in 2C:25-28(f),(g), or (i).|
Whether or not a judge decides to affect an issuance of a temporary restraining order is based upon the sworn testimony of the victim at the time of the reported incident. As a result, there is no need for a formal hearing or for the victim to appear before a judge at the time they are entered. In contrast, if the victim wants to dismiss the restraining order and chooses not proceed with the FRO hearing, the victim must appear in person at the Superior Court. This requirement allows the Family Court Judge to determine whether the request for the dismissal is informed and not made under duress. The judge also has the opportunity to assess the victim and their story if they wish to proceed with a final restraining order.
Acts of Domestic Violence under NJ Law
In New Jersey, the Prevention of Domestic Violence Act (PDVA) sets forth certain offenses that constitute crimes of domestic violence, which form the basis of a restraining order and require that an offender’s name be added to the National Domestic Violence Registry. Acts of domestic violence under the statute include homicide, simple assault, aggravated assault, kidnapping, criminal restraint, terroristic threats, sexual assault, criminal sexual contact, criminal restraint, false imprisonment, stalking, lewdness, harassment, criminal mischief, burglary, trespassing, criminal coercion, robbery, cyber harassment, violation of a restraining order, or any crime risking death or serious bodily injury.
Who is Considered a “Victim” of Domestic Violence in New Jersey?
In order for one of the above listed offenses to constitute an act of domestic violence, the victim of the crime must meet certain criteria to qualify as a “victim” of domestic violence in New Jersey. To qualify, the victim must be 18 years of age or older, or an emancipated minor, and have suffered an act of domestic violence—one of the 19 criminal offenses listed above—at the hands of a spouse, former spouse, or current or past household member. If the offender is a person with whom the victim has a child, one of the parties is pregnant, or the victim and offender have had a dating relationship, the victim may be of any age.
If the victim qualifies as a victim of domestic violence under the Act, they may seek to file a restraining order against the offender. The victim may file for the order in the town or city where they reside or are temporarily sheltered or living, where the act of domestic violence occurred, or where the offender lives. The victim may also file a criminal complaint against the offender relating to the act of domestic violence. If you need to File a Restraining Order in Middlesex County, get more information here.
Contact a New Brunswick NJ Temporary Restraining Order Attorney Today
If a temporary restraining order (TRO) has been issued against you anywhere in Middlesex County, including Piscataway, Edison, Highland Park, New Brunswick, East Brunswick, or Spotswood, then you are also possibly facing some domestic abuse or assault and threat criminal charge. Feel free to contact and experienced Middlesex County restraining order attorney to guide you through the TRO process and best protect your interests in the charges that you may be facing. For a free consultation contact the Law Offices of Proetta & Oliver at (732) 659-9600 today.