Restraining orders serve an essential purpose in protecting individuals from genuine threats, harassment, or abuse. They are designed to ensure safety and prevent harm. However, like any legal tool, restraining orders can sometimes be misused or issued unjustly, leading to profound consequences for the accused. Imagine a scenario where a misunderstanding or false accusation escalates to the issuance of a restraining order—a situation that not only tarnishes reputations but also disrupts lives, families, and careers. For those unjustly accused, fighting a restraining order is not just about protecting one's rights; it's about reclaiming one's life and dignity. In such cases, having the appropriate legal representation is paramount to ensuring a fair outcome.
If you find yourself being served with a restraining order and unsure of the next steps, call the Lento Law Firm today at 888-535-3686 or fill out our online form to schedule a consultation with our team. If you are in Atlantic County or Mays Landing, we can help you explore the strategies and the importance of defending against restraining orders. Understanding the legal framework and available defense options can empower you to navigate these challenging circumstances effectively.
What is a Restraining Order?
A restraining order is a legal order issued by a court to protect a person from another individual in cases that often involve alleged domestic violence, child abuse and neglect, assault, harassment, or stalking among others, aiming to prevent further harm by restricting certain actions and interactions between the parties involved. For example, one of the main legal frameworks for restraining orders in New Jersey is governed by the Prevention of Domestic Violence Act or PDVA.
A restraining order can include various provisions, such as:
- No Contact: Prohibiting the alleged abuser from contacting the victim directly or indirectly.
- Stay Away Orders: Requiring the alleged abuser to stay away from the victim's home, workplace, or other specified locations.
- Custody and Support: Granting temporary custody of children and ordering child or spousal support.
- Surrender of Weapons: Mandating the alleged abuser to surrender any firearms or weapons to law enforcement.
Recent Legislative Updates
In 2023, Governor Phil Murphy signed a law expanding the availability of restraining orders to include victims of non-domestic violence-related abuse, closing the "stranger loophole." This allows individuals to seek restraining orders against individuals with whom they have no prior domestic relationship.
Restraining Orders in Atlantic County
There are two primary types of restraining orders:
- Temporary Restraining Orders (TROs): A TRO is issued on a temporary basis when a judge determines there is immediate danger to the alleged victim. It is often granted ex parte, meaning the accused does not have the opportunity to present their side initially. It remains in effect until a court hearing for a Final Restraining Order (FRO), typically scheduled within ten days.
- Final Restraining Orders (FROs): After a full hearing where both parties can present evidence, a judge decides whether to issue a permanent FRO. These orders can last indefinitely and carry serious implications unless the court modifies or dismisses them.
Grounds for Restraining Orders
New Jersey's Prevention of Domestic Violence Act or PDVA outlines the behaviors that may warrant a restraining order. These include:
- Harassment
- Stalking
- Assault
- Criminal mischief
- Terroristic threats
- Kidnapping
The burden of proof for obtaining a restraining order is lower than in criminal cases, often requiring only a "preponderance of the evidence."
Filing Procedure
During court hours, individuals can file for a restraining order at the Family Division Office of the Superior Court in the county where they live, where the abuse occurred, or where the abuser resides. Offices are typically open weekdays from 8:30 a.m. to 3:30 p.m.
After hours, weekends, and holidays, individuals can contact the local police department to file a complaint, and the police can assist in obtaining TRO by contacting a judge.
Violations and Enforcement
Violating a restraining order is a serious offense in New Jersey. If the restraining order is violated, it could lead to an arrest and criminal charges, including contempt of court, which can result in fines or imprisonment.
Impact of Restraining Orders in Atlantic County
Atlantic County's courts handle a significant volume of restraining order cases each year. Data from the New Jersey Administrative Office of the Courts indicates that restraining order filings have steadily increased, reflecting heightened awareness of domestic violence issues. For example, statistics that the New Jersey courts publish on a report prepared by the New Jersey Administrative Office of the Courts or AOC on the Prevention of Domestic Violence Act show 63,058 domestic violence offenses reported by the police in 2020, a 6 percent increase compared to the 59,645 reported in 2019. Additionally, during the 2020 calendar year, there were 26,217 cases with TROs eligible for FRO hearings (decision based on initial complaints).
The consequences of a restraining order can be life-altering, including:
- Removal from the Family Home: If a TRO is issued, the accused may be barred from returning home.
- Custody and Visitation Rights: Restraining orders can lead to temporary or permanent loss of custody.
- Employment Challenges: Restraining orders are accessible to employers through background checks, potentially harming career prospects.
- Reputation Damage: The stigma of being accused of domestic violence can have long-term social consequences.
Defense Strategies Against Restraining Orders
Legal defense against restraining orders in Atlantic County requires a strategic approach. Common defense strategies include:
- Challenging Jurisdiction: Demonstrating that the Atlantic County court does not have jurisdiction over the case.
- Disproving the Allegations: Providing evidence that the accusations are false or exaggerated, such as text messages, emails, or witness testimonies.
- Highlighting Procedural Errors: Arguing that the TRO was improperly issued due to procedural mistakes.
- Questioning the Alleged Victim's Credibility: Presenting evidence that the alleged victim has motives to fabricate claims, such as custody disputes or revenge.
Importance of Legal Representation
Navigating restraining order hearings without an attorney can put you at a significant disadvantage. Judges can be inclined to err on the side of caution to protect alleged victims. As such, being properly represented can ensure:
- Comprehensive Case Review: An attorney will examine the complaint, TRO, and any supporting documents to identify weaknesses in the case.
- Preparation for Hearings: Effective cross-examination of the alleged victim and presentation of evidence to refute claims.
- Advocacy in Negotiations: In some cases, attorneys can negotiate settlements or mutual agreements to avoid the issuance of a FRO.
Atlantic County's Legal Landscape
Atlantic County's Superior Court's Family Division is where most restraining order cases are heard. It is very likely that a significant number of Final Restraining Order (FRO) requests will result in permanent orders. This underscores the importance of robust defense strategies and legal representation.
Local judges' decisions are informed by state laws and precedents, such as the landmark case of Silver v. Silver (2000), which clarified the burden of proof for issuing FROs. Familiarity with these precedents can significantly impact the outcome of your case.
Why Choose the Lento Law Firm
The Lento Law Firm is here to help you so you don't have to face your hearing alone, and so you never feel like the fight ahead of you is one that you are undertaking without someone who knows what the next step should be by your side. If you are in Atlantic County, let us provide you with a personalized defense strategy and a tailored approach to your case based on the specific facts and circumstances. We are dedicated and focused on protecting your legal and personal interests.
If you've been served with a restraining order, don't face it alone. Call the Lento Law Firm today at 888-535-3686 or fill out our online form to schedule a consultation with our team.
