A New Jersey restraining order is one type of civil order that requires an individual modify his or her behavior. Typically, this will involve prohibiting a person from interacting with, contacting, or coming within a certain distance of another. Such an order can drastically impact your life.
If you have a final restraining order filed against you, you may be prohibited from seeing your children, you could lose the right to bear arms, and more.
If you have a temporary restraining order out against you, having an experienced attorney in your corner can make the difference. If you're facing a restraining order in Morristown or anywhere in Morris County, contact the Lento Law Firm today.
Morris County Restraining Orders
The following types of restraining orders can be put into place in Morris County.
Sexual Assault Restraining Order
Restraining orders may be issued when an allegation of sexual assault has been made. The restraining order will prevent the person accused from contacting the person who made the allegation.
Domestic Violence Restraining Order
A domestic violence restraining order is a civil order that applies to those who are current or former members of a household or family. This includes intimate partners, which are current or former spouses or those who have a child in common.
Temporary vs Final Restraining Orders
A temporary restraining order is issued by a judge, often in emergencies. They apply during the interim period, which typically is no more than 10 days, where a hearing is conducted to evaluate the allegations. The subject of the allegations will be served notice of a temporary restraining order, which will contain provisions (conditions). A temporary restraining order can be brought against you even if you are not present. One consequence of a temporary restraining order may be removal from the home.
Morris County Restraining Order Hearing
The Morris County Superior Court handles restraining orders that stem from domestic violence complaints.
The Morris County Superior Court is located at:
56 Washington Street
Morristown, NJ 07960
Restraining orders may be issued regardless of whether there are criminal charges filed. During a restraining order hearing, the parties may present evidence and witness testimony may be heard. The petitioner must prove their allegations by a preponderance of the evidence. When proven, the court may issue a final (permanent) restraining order.
The courts may use discretion when creating the conditions within a restraining order. They typically prohibit the defendant from contacting or communicating with the petitioner.
It is important to note that a restraining order hearing simply focuses on the issue of the civil restraining order. If there are criminal charges associated with the order, these will be handled in the criminal court system.
Provisions of a Morris County Restraining Order
Each restraining order is different, but might include provisions such as:
- Modifying custody, visitation, and/or financial support of minor children
- Prohibition from owning or possessing firearms or other weapons
- Restitution
Morris County Restraining Order Lawyer
Have you been served with a temporary restraining order in Morris County? Don't waste time; assistance from an experienced lawyer is the key to preserving your rights. Attorney Joseph D. Lento will effectively represent you in a restraining order hearing and defend any related criminal charges. Contact the office at (888) 535-3686 for a case evaluation.
