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Should You Agree to Extend a Restraining Order in NJ?

Posted by Joseph D. Lento | Sep 10, 2024 | 0 Comments

If you have been served with a Temporary Restraining Order (TRO), the petitioner may request an extension of time before the court hearing on a Final Restraining Order. You may feel indignant—after all, why should you agree to give a person seeking a restraining order against you additional time to prepare to make their case? It may or may not be in your best interest, depending on the situation, and anyone facing this dilemma should seek the assistance of an experienced New Jersey RO attorney without delay.

If you have been served with a TRO or need to seek one, you can trust the Lento Law Firm Criminal Defense Team. With years of experience representing parties seeking or defending against restraining orders, we have the experience to guide you through this challenging process. Call 888-535-3686 or leave your details online, and we will contact you.

Restraining Orders in New Jersey

In New Jersey, restraining orders protect victims of alleged domestic violence or sexual assault. A victim may seek a restraining order against their alleged assailant. There are two types of restraining orders—temporary orders (TROs) and final restraining orders (FROs). When a petitioner files for a restraining order, they will initially seek a TRO, which is typically in place for ten days when a FRO hearing is held. The court will use a low standard for the grant of a TRO, but in a FRO hearing, the court will be more sensitive and receptive to evidence that the petitioner is being untruthful or abusing the process. The FRO hearing is an opportunity for an individual served with a TRO to have their day in court and to tell their side of the story.

Extensions for Restraining Orders in NJ

Given the limited preparation period for an FRO hearing, the petitioner will often ask to extend a TRO and move the date for the hearing. As part of the process, they will ask the respondent against whom the RO is sought to agree and stipulate to an extension.

Whether to agree to an extension is not simple and depends on the facts of the case. If you need more time to prepare your defense, you might wish to agree to an extension of a TRO. It's important to consider the potential consequences of not agreeing. If you refuse to stipulate to an extension, the judge may grant the extension anyway, and you may appear uncooperative. On the other hand, if you believe the other party is trying to stall because they have no evidence and are simply abusing the RO process, you might wish to get to the judge as quickly as possible. In short, you need to discuss the facts specific to your case with an experienced RO attorney.

How the Lento Law Firm Can Help

The Lento Law Firm Criminal Defense Team has represented countless NJ clients in restraining orders and protective order processes. We can advise you on the best course of action, help you understand your rights, and vigorously fight for your interests in court. Our experienced attorneys can guide you through the complexities of the legal process and ensure that your voice is heard. Call the Lento Law Firm at 888-535-3686 or leave your details online, and we will contact you.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in New Jersey and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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When it comes to criminal defense cases, you need the right person in your corner. To learn more about how Mr. Lento can help you, call the Lento Law Firm today at 888-535-3686. or contact him online.

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