Restraining orders can be useful for judges and courts to help manage dangerous situations between people. When a restraining order is granted, it will typically include certain conditions that the defendant must follow in order to comply with the order. These requirements are in effect until they are removed or altered by a judge, even if the complainant changes their mind. If you have questions about a restraining order, then the Lento Law Firm Criminal Defense Team can help you answer them.
Who Can Get a Restraining Order?
Under New Jersey law, those who are alleging domestic violence can obtain a restraining order. The first step in the process would be to obtain a Temporary Restraining Order (TRO), where the judge will issue without a full hearing. A full hearing will typically follow to determine if a permanent Final Restraining Order (FRO) should be granted. The judge in these cases will review all of the evidence and testimony presented by both sides to determine if the temporary orders should be made permanent. If the complainant's position changes after the TRO is ordered, then it may have an effect on the determination of a FRO.
How to Get a Restraining Order Changed
Restraining orders can only be modified by court order. Their provisions are permanent and do not expire. Many people mistakenly think that reconciliation between two parties will automatically mean that restraining orders become invalid; this is simply not true. In some cases, it could even lead to violations of said orders. Petitioners may also request changes or additions be made if relevant information concerning the defendant or shared children has been deemed necessary.
The most common ways to alter the terms of a restraining order are to file a motion for reconsideration, motion to vacate, or an appeal. In filing a motion for reconsideration, parties ask the judge to reassess their decision based on given reasons. Both petitioners and defendants can make this request, however, the evidence must prove that the restraining order is no longer needed in order for the judge to revise their decision.
When someone appeals a judge's decision regarding a restraining order, they are claiming that either legal mistakes were made or the facts presented do not meet the burden of proof necessary. This appeal would be made to the appropriate appellate court.
Why Hiring the Lento Law Firm is the Right Choice
If you are seeking to change the terms of a restraining order, then it is critical to have an experienced attorney's help. Attorney Joseph D. Lento and his expert team have helped people with their legal issues across the state of New Jersey. Call the Lento Law Firm today at 888-535-3686 to learn why hiring the Lento Law Firm is the right choice.
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