Domestic violence (DV) incidents in the Essex County Seat of Newark are on the rise, with reports showing an over 51% increase in statewide DV incidents. Newark's aggressive approach to lowering crime rates has led to a significant issuance of temporary and final restraining orders in domestic violence-related incidents.
This shoot-first-ask-questions-later approach to fighting crimes often means granting unfair restraining orders. If you have received a temporary restraining order in Newark, there's a chance it may have been hastily granted.
This means you can fight it during the final restraining order hearing. Our experienced Newark restraining order defense lawyers and the Criminal Defense Team at the Lento Law Firm can help you.
Call 888-535-3686 or fill out this contact form to discuss your case.
Consequences of Restraining Orders in Newark, NJ
Although restraining orders are the product of civil action, they carry serious consequences. Some of these include:
- Possible loss of home
- Restricted access to your children
- Entry into the Domestic Violence Registry (DVR)
- Forfeiture of civil liberty rights, such as owning a firearm or running for public office
- Professional and personal reputational damage
One or more of these consequences can lead to financial devastation, mental health issues, job loss, and more. So, you have to be proactive about fighting it in court.
Penalties for Restraining Order Violations in Newark, NJ
If you've received a TRO, it will include all instructions regarding future contact with the petitioner. Essentially, all restraining orders are designed to limit contact and keep the petitioner safe.
A TRO is often granted “ex parte,” meaning you don't have to be present for the court to grant it. You only need to be present during the final order hearing, usually held at the Family Division of the Essex County Superior Court located at 50 W. Market Street Newark, NJ.
In the FRO hearing, the petitioner only needs to show the court through a “preponderance of evidence” that:
- A predicate act or violation such as assault, kidnapping, or other crimes that endanger their well-being has occurred.
- They are at risk of imminent or future harm from you
Now, here's the tricky part: the allegation doesn't necessarily have to be true. It merely needs to be more likely than not for the court to grant the order in favor of the petitioner. The good news is you can fight it.
For instance, in a recent year, over 26,000 temporary restraining order (TRO) cases were eligible for final restraining orders (FRO). Of these, only 3,453 or about 13% of these requests were granted. This means that many of these cases were either withdrawn or vacated.
Contact a Newark Restraining Order Defense Lawyer
The stipulated requirements for a restraining order can leave you vulnerable and/or without recourse. So, without adequate legal representation, you could potentially lose that case.
Worse, you could face criminal action if you accidentally violate the restraining order, e.g., being within 100 meters of them in a retail store at the same time.
To fight a restraining order in Newark, talk to our Criminal Defense Team at the Lento Law Firm. We are experienced and skilled at defending recipients of restraining orders in this Essex County seat.
Call 888-535-3686 or fill out this contact form to speak to a Newark restraining order defense attorney today.
