Temporary & Final Restraining Orders in Union County
There are few cases more contentious than a contested restraining order hearing. The irony is that these matters can sometimes begin with little warning to a defendant and then they find themselves embroiled in a heated Final Restraining Order hearing. There is no question whatsoever that an individual should be represented by an experienced defense lawyer at a final restraining order hearing in Union County. The fact is that if such a hearing is lost, an individual is permanently restrained from any contact with the plaintiff and, if allegations of contact are lodged with the police, the defendant is subject to felony criminal charges. It is therefore very important that every reasonable effort is undertaken to make sure a temporary restraining order is dismissed. The attorneys at the Law Offices of Jonathan F. Marshall have a proven track record of success in restraining order cases litigated in Union County. This should probably come as no surprise given the fact that our defense team includes 3 lawyers, two of which are former prosecutors with at least 15 years experience, and a third who has been defending individuals for almost three (3) decades.
Temporary Restraining Orders
A prerequisite to issuance of a temporary restraining order by a judge in Union County is a finding that some form of domestic violence has occurred. New Jersey Law sets forth fourteen (14) offenses that constitute “domestic violence” and they are:(1) Homicide; (2) Simple or Aggravated Assault; (3) Terroristic Threats; (4) Kidnapping; (5) Criminal Restraint; (6) False Imprisonment; (7) Sexual Assault; (8) Criminal Sexual Contact; (9) Lewdness; (10) Criminal Mischief; (11) Burglary; (12) Criminal Trespass; (13) Harassment; or (14) Stalking. The judge must find, based on sworn testimony or by affidavit, that the plaintiff is in danger of some form of the previously set forth types of domestic violence. Issuance of a temporary restraining order prevents the parties from having any contact until such time as a determination is made at a final restraining order hearing as to whether the restraints should become permanent.
Final Restraining Orders
The final restraining order hearing is the setting where a Superior Court judge decides whether a temporary restraining order should become final. A final restraining order is only to be granted in Union County or elsewhere where there is a finding of domestic violence. The standard of proof in this regard is the greater weight of the evidence, also referred to as a preponderance of the evidence. Where the judge finds that it is more likely than not that domestic violence occurred, a temporary restraining order becomes final or permanent. Thereafter, any violation of the restraining order gives rise to an indictable criminal charge in Union County Superior Court.
Individuals often make the mistake of attempting to handle a Union County restraining order without an attorney. This is clearly a mistake as a final restraining order has long-term consequences. The better course of action is to consult a lawyer before any defenses are compromised. To this end, the attorneys at the Law Offices of Jonathan F. Marshall are available 24/7 for a free initial consultation at 908-272-1700. Reach an attorney experienced in defending Union County restraining orders now.