If you have been served with a Temporary Restraining Order in New Jersey, it is important you understand the process and what to expect at the Final Restraining Order hearing. The Final Restraining Order hearing is your opportunity to present your side of the story and defend yourself against the accusations made against you.
The Lento Law Firm's Criminal Defense Team understands how overwhelming these accusations can be. As such, they will work tirelessly to ensure you receive the best possible outcome for your case. Call 888-535-3686 today or schedule a consultation online.
Understanding the Process
In New Jersey, there are two types of restraining orders: a Temporary Restraining Order (TRO) and a Final Restraining Order (FRO).
A TRO is an immediate, short-term protection order issued by the court to provide safety for the plaintiff until a court hearing can be held. TROs usually only last until the FRO hearing, which is typically within 10 days of the TRO being issued.
Unlike a short-term TRO, the FRO is permanent. As explained above, this hearing is your chance to present evidence and witness testimony to contest the allegations made against you.
Preparing for Your FRO Hearing
To properly prepare for a restraining order hearing, you will want to review the TRO very carefully to understand what actions you are being prohibited from doing. Sometimes, a TRO will include instructions to go no contact with the plaintiff, their family, or your children. Other times, it may include stipulations to remain a certain amount of feet away from them or prevent you from entering certain locations.
After you have reviewed the TRO, your attorney will begin collecting evidence and witness testimony that supports your argument. For instance, they may collect witness statements, emails, text messages, or video footage that shows you did not do what the TRO accused you of.
At the hearing, the plaintiff will present their case against you first, testifying about the allegations and presenting evidence that bolsters their argument. Once they have concluded, you will have the chance to present your side of the story, call your witnesses, and present your evidence. Then, both parties will have the chance to cross-examine the other's witnesses and evidence.
After both you and the plaintiff have had a chance to present your cases, the judge will evaluate the evidence you both presented and determine whether based on a preponderance of the evidence that the events occurred as described by the plaintiff. Essentially, the plaintiff must present evidence that proves it is more likely than not that you acted the way they are accusing you of acting.
How the Lento Law Firm Can Help
If the judge determines there is enough evidence to show it is more likely than not that you acted in such a way, they will issue a FRO against you. Unfortunately, FROs can have significant consequences, such as prohibiting you from contacting your children, barring you from owning a firearm, and placing you on the New Jersey Domestic Violence Database.
To ensure you are not subjected to such unnecessary and harsh punishments as this, it is crucial to work with a skilled criminal defense attorney. Call the Lento Law Firm today at 888-535-3686 or schedule a consultation online.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment
Comments have been disabled.