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Flemington NJ Restraining Order Lawyers

October 25, 2020 Flemington Criminal Lawyers

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:

Harassment

Simple Assault

Aggravated Assault

Terroristic Threat

Stalking

Robbery

Burglary

Lewdness

Sexual Assault

Criminal Sexual Contact

Criminal Restraint

Criminal Mischief

Homicide

Kidnapping

Cyber-harassment

Violation of a Restraining Order

Criminal Coercion

False Imprisonment

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

 

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