The lion’s share of domestic violence cases filed in Hunterdon County include a restraining order. If you received a temporary restraining order (“TRO”) directly from the court or from a domestic violence complaint filed with Flemington, Clinton Township, Raritan police or another local department, you must take immediate action. Just a matter of days sit between now and your chance to defend yourself at a final restraining order (“FRO”) hearing at the Hunterdon County Superior Court before a Family Court judge. You should retain an attorney who has experience with restraining orders.
Why Is My Restraining Order Hearing In Flemington?
Your restraining order hearing is in Flemington because the Hunterdon County Superior Court is located there. The Family Division of the Superior Court has exclusive jurisdiction over restraining orders. Whether the incident occurred in Union Township, Readington or elsewhere, the hearing to decide whether your restraining order stands is heard at this court.
What Standard Is Applied By The Judge When Deciding If My Hunterdon County Restraining Order Should Become Final?
The presiding judge over a FRO hearing must decide two separate issues. He or she employs a “preponderance of the evidence” standard. First, the judge looks at whether the evidence supports a finding that an act of domestic violence has indeed been committed against the victim.
Domestic Violence is defined as the commission of one of the offenses below against someone entitled to the protections of the New Jersey Prevention of Domestic Violence Act:
Criminal Sexual Contact
Violation of a Restraining Order
Any other act causing a risk of death or serious bodily injury to a person protected by this law
Should the court find that a “predicate act of domestic violence” took place, then the second question is whether a final restraining order necessary to protect the victim from future acts of domestic violence. A finding by the court that a one of the offences above occurred does not automatically trigger entry of a permanent domestic violence restraining order.
What If I Lose My Flemington NJ Restraining Order Hearing?
If you lose the hearing, the restraints become final. This permanently bars you from communicating or residing with the plaintiff, or possessing a firearm. Additionally, judges often grant additional relief to the plaintiff if a FRO is entered including, but not limit to, custody of the children and temporary child support.
Does This Go on My Criminal Record?
A restraining order is a civil action, so it does not go on your criminal record. It appears in an archive that is accessible by US Customs and other agencies. Individuals are often flagged upon when re-entering the country if a restraining order is on their record.
Does Having A Restraining Order Affect My Immigration Status?
A restraining order usually will not impact immigration status. That said, if someone with a visa, green card or lacking status violates a restraining order, removal proceedings are a clear possibility.
Do I Need A Lawyer To Defend My Restraining Order Case?
There is a common misconception is that there is no need to spend the money on legal representation because it is a civil matter. In fact, the long term ramifications of this choice are immeasurable. This could prevent you from ever speaking with the plaintiff, get you permanently removed from your home, limit your ability to access your children, require you to pay temporary support (bills, child support, etc.) and subject you to a host of other repercussions. You can get arrested anytime the plaintiff calls the police to accuse you of violating the order.
Helpful Contact Information If You Are in Peril of a Restraining Order in Hunterdon County
Family Division of the Hunterdon County Superior Court
908-824-9750, ext. 13830
Theresa Roberts-DeFord, Asst. Family Division Manager
908-824-9750, ext. 13493
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.
555 W 5th St 35th floor, Los Angeles, CA 90013
35-37 36th St, 2nd Floor Astoria, NY 11106
85 Broad St 30th Floor, New York, NY 10004
195 Montague St., 14th Floor, Brooklyn, NY 11201