A restraining order is a type of civil court order that mandates one individual modify his or her behavior in relation to another person. Often this order prohibits a person from interacting with, contacting, or coming within a certain distance of, that person.
A restraining order can seriously impact your life: you may lose the right to bear arms, you may be prohibited from seeing your children. If you have a temporary restraining order out against you, having an experienced lawyer on your side is non-negotiable. If you're facing a restraining order in Hackensack or anywhere in the Bergen County area, contact the Lento Law Firm today.
Bergen County Restraining Orders
The following types of restraining orders can be put into place in Bergen County.
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.
Sexual Assault Restraining Order
Restraining orders also 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.
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, at which time 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 your home.
Bergen County Restraining Order Hearings
After a temporary restraining order has been filed, the next step will be to proceed to the restraining order hearing.
The Bergen County Justice Center is located at:
10 Main St.
Hackensack, NJ 07601
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 their discretion when creating the conditions within a restraining order. They typically prohibit the defendant from contacting or communicating with the petitioner.
Provisions of a Bergen County Restraining Order
Each restraining order is different, but these orders 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
Bergen County Restraining Order Representation
Have you been served with a temporary restraining order in Bergen County? It is important to promptly seek assistance. Attorney Joseph D. Lento will represent you in a restraining order hearing and defend any related criminal charges you may be facing. Contact the office at (888) 535-3686 for a case evaluation.
