If you've been served with a restraining order in Ocean County and need to go to the courthouse in Toms River, New Jersey, you may be wondering how to deal with such a difficult situation. An experienced attorney will understand the best strategies to fight on your behalf.
Two Types Of Restraining Orders
There are two main types of restraining orders in Toms River, New Jersey: a temporary restraining order (TRO) and a final restraining order (FRO). A temporary restraining order most often occurs if it's a first offense, whereas a final restraining order is just what it says: final. Of the two, final restraining orders are more serious and have potential long-term consequences.
Temporary Restraining Order: Once a TRO is ordered, law enforcement officials will serve the defendant. The papers will have the date of a final hearing, which will be within ten days of the TRO's date of issuance. A TRO has an expiration date, usually.
Final Restraining Order: In order for a judge in Toms River to issue an FRO, there are three components that must be present. The first element is that the parties must be in a domestic relationship that qualifies. Secondly, the defendant committed a “predicate act” of domestic violence. The final thing a judge looks for is whether or not there's an immediate need for a restraining order so as to prevent further domestic violence. An FRO stays in place until a judge chooses to dismiss it.
What Are The Potential Consequences Of A Restraining Order?
In situations where an FRO is issued, there are fines that range from $50-$500. Additionally, the defendant will be added to a police database, fingerprinted, and photographed. If you are added to this database, you won't be able to own a firearm in Toms River, or any other city in New Jersey. There are other serious consequences, such as losing
Restraining Order Hearing in Toms River
If you are scheduled for a restraining order hearing in Toms River, at the Ocean County courthouse, you'll want to make sure that you go to the correct building. It is located at 118 Washington St., Toms River, NJ 08754.
Plan plenty of time for your commute, as it's always best to arrive early at these sorts of official hearings. Arriving with enough time will allow you to consult with your attorney before facing the judge.
Experienced Toms River Restraining Order Attorney
If you've been served with a TRO or FRO, an experienced Toms River attorney will be able to help you navigate the process. For example, there are options such as Civil Restraints that provide an alternative to an FRO without the same consequences. If, on the other hand, you've already received an FRO, your best approach may be to file an appeal. A lawyer who specializes in these situations will be able to advise you on how to work for the best possible outcome. Attorney Joseph D. Lento is here to assist you. Call the Lento Law Firm today at 888.535.3686 or contact us online.