Domestic violence is a serious event that should not be taken lightly. If you are either a victim or defendant, you should have representation at all levels. Obtaining a restraining order is a two-step process in the State of New Jersey. The first hearing, held ex parte, will be used to determine if a Temporary Restraining Order (TRO) is issued. If the Court determines that the alleged victim is in danger of domestic violence and needs protection, the TRO will be granted. Once issued, the Final Restraining Order (FRO) hearing is scheduled within ten (10) days of the TRO. If the aggressor is found to have committed an act of domestic violence, an order is entered, the aggressor is fingerprinted, and the order is registered in the state and national domestic violence databank.
In addition to Family Court, there may be criminal charges associated with the acts of domestic violence or violating any restraining order. Both the TRO and FRO require a showing of three factors: (1) the vicim must be a "victim" as defined under the Act; (2) the defendant must have committed one of the 14 acts constituting domestic violence; and (3) the vicim must have satisfied one of the criteria set out in N.J.S.A. 2C:25-28(f), (g), or (i).
There are a few options related to restraining orders which should be discussed with your family lawyer prior to your court appearance. CALL BERG & PEARSON, P.C. today for your FREE initial telephone consultation!