A New Jersey restraining order is a civil 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, another person.
A restraining order can seriously curtail your freedoms: 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 restraining order attorney in your corner is non-negotiable. If you're facing a restraining order in Newton or anywhere in Sussex County, contact the Lento Law Firm today.
Sussex County Restraining Orders
The following types of restraining orders can be put into place in Sussex 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, 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 removal from the home.
Sussex County Restraining Order Hearings
The Family Division of the Sussex County Superior Court is located at:
43-47 High Street
Newton, NJ, 07860
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—even through a third party.
Provisions of a Sussex 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
Sussex County Restraining Order Representation
Have you been served with a temporary restraining order in Sussex County? It is critical to promptly seek assistance from an experienced lawyer. 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.