A restraining order is a type of civil order that requires an individual modify his or her behavior. This can often involve prohibiting a person from interacting with, contacting, or coming within a certain distance of, another person. A New Jersey restraining order can sharply 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 attorney fighting alongside you can make the difference. If you're facing a restraining order in Elizabeth or anywhere in Union County, contact the Lento Law Firm today.
Union County Restraining Orders
The following types of restraining orders can be put into place in Union 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.
Restraining Order Hearing
Restraining orders are issued by the Family Court of Union County. The Union County Prosecutor's Office Domestic Violence Unit is responsible for prosecuting individuals accused of violating restraining orders, as well as represents the State of New Jersey at court hearings regarding weapons seized for safekeeping.
The Union County Courthouse is located at:
2 Broad Street
Elizabeth, NJ 07201
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—even through a third party.
Provisions of a Union 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
Union County Restraining Order Lawyer
Have you been served with a temporary restraining order in Union County? It is critical to promptly seek assistance from an experienced lawyer to preserve 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.