A restraining order is a type of court order which requires an individual to modify his or her behavior. Usually, this will involve prohibiting a person from interacting with, contacting, or coming within a certain distance of another person.
Restraining orders can seriously impact your life. If you have a final restraining order filed against you in New Jersey, 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 a critical difference. If you're facing a restraining order in Newark or anywhere in Essex County, contact the Lento Law Firm today.
Essex County Restraining Orders
The following types of restraining orders can be put into place in Essex 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 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, 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 forced removal from your home.
Essex County Restraining Order Hearings
Restraining orders in Essex County are handled by the Family Division of the Essex County Superior Court.
50 W. Market Street
Newark, NJ 07102
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 an Essex 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
- Surrendering firearms
Essex County Restraining Order Lawyer
Have you been served with a temporary restraining order in Essex 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.