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South Jersey Final Restraining Order Attorney
FRO Defense Lawyer in Camden County, NJ Offers Strategic Legal Guidance to Clients Facing Final Restraining Orders in Burlington County, Cumberland County, Gloucester County, and Throughout New Jersey
Final Restraining Orders, or FROs, are a type of hearing that takes place before a Superior Court Judge. FROs can happen very soon after Temporary Restraining Orders, or TROs, are issued. TROs and FROs are both civil matters and are handled by the family division of the court system, but they can have criminal elements to them as well, especially when different forms of abuse such as acts of domestic violence as contained in New Jersey state statutes N.J.S.A. 2C:25-19(a) are involved. These include kidnapping, various forms of harassment, theft, and related crimes. You should speak with an experienced South Jersey final restraining order attorney at Gelman Law, LLC today. With extensive expertise in handling these types of cases, a qualified FRO defense lawyer in Cherry Hill, NJ at our firm can help you manage everything from FRO filings to defense strategies.
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FRO Defense Lawyer in Cherry Hill, NJ Handling Complex Final Restraining Order Cases Across New Jersey
FROs are permanent in New Jersey, and they never expire. This means you should try to avoid being issued an FRO before it is too late. Having a final restraining order on your file can have detrimental consequences on your personal and social life and can impact other aspects of your life as well.
FRO hearings are usually scheduled within 10 days of a TRO being filed. Keep in mind, however, that TRO and FRO cases are civil matters and the defendant does not have the right to an attorney or trained legal counsel (although such counsel can be hired at will by the defendant). However, since the petitioner only needs to ask the court to issue a temporary restraining order, as long as there is enough evidence to prove that domestic violence of some sort took place, a TRO can be filed against you, even if there are circumstantial facts or case specifics that could otherwise be used to dismiss the petition.
Fighting FRO Petitions and N.J.S.A. 2C:25-19(a) Acts of Domestic Violence with a South Jersey Final Restraining Order Attorney from Gelman Law, LLC
An FRO can be issued against you soon after a TRO is filed, and a TRO can only be filed against you if the following can be proven by the alleged victim:
- Predicate acts of domestic violence occurred, such as assault, harassment, threats, etc.
- There is a history of domestic violence. Even without a history of domestic violence, an FRO can be issued if the domestic violence in question is adequately severe.
- A restraining order of some form is vital for the protection of the plaintiff/victim.
In most cases, the plaintiff/victim who files the TRO that can lead up to an FRO will have to prove their case via testimony and any ancillary evidence they have, such as phone records, eyewitness statements, medical records, police reports, surveillance footage, etc. They will outline the type and extent of the domestic violence they allegedly suffered at the hands of the defendant, describe any prior episodes of domestic violence, and explain why they fear for their wellbeing.
The judge will review the evidence and may be convinced to issue an FRO. As the defendant, you can fight back against the charges and provide proof and testimony of your own to disprove the claims of the plaintiff. Doing so with the assistance of an experienced South Jersey Final Restraining Order attorney from our firm is vital if you hope to avoid having an FRO on your record. There are many strategies we can employ to help you defend against the claims of the plaintiff against you, so speak with a qualified FRO defense lawyer in Camden County, NJ at our firm today for guidance regarding what to do and how we can build a defense for you based on your case specifics.
FRO Defense Lawyer in Camden County, NJ Helps Clients Avoid the Severe Consequences Associated with the Issuance of a Final Restraining Order
If the judge rules that there is insufficient evidence for a TRO that was issued against you, then the TRO will be dismissed, at which point all prior restraints are annulled and both parties go about their lives as usual. If new acts of domestic violence allegedly occur, then the victim can file a new TRO, but he/she cannot use prior allegations as a basis for any new petitions.
If, however, the judge determines that the preponderance of evidence required to obtain a FRO is met, then the FRO will be issued. FROs are permanent in New Jersey and never expire, and they will lead to the following:
- The defendant is fingerprinted and registered in a state-wide domestic violence database of offenders;
- The defendant cannot contact the plaintiff or other protected parties identified in the FRO at the risk of being arrested and charged with contempt or even mandatory incarceration for subsequent violations of this rule;
- The defendant cannot own any firearms and must forfeit any firearms that they previously owned;
- When traveling, the defendant can be detained to confirm that he/she is not traveling with or following the plaintiff.
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Contact a South Jersey Final Restraining Order Attorney at Gelman Law, LLC Today for Effective Legal Guidance
Contact an FRO defense lawyer in Cherry Hill, NJ at our firm for assistance with filing or fighting a TRO or FRO in New Jersey. Our dedicated team will review your case, gather evidence, and represent you in court so that you can either win a TRO/FRO petition or have one struck down, depending on the circumstances of the case. Contact us today to learn more.
Frequently Asked Questions About Final Restraining Orders in New Jersey
It can be difficult to do so, but FROs can be removed. This can only happen if you appeal your case and win, or the plaintiff voluntarily dismisses the restraining order they have against you. You can also file a motion to have the FRO removed if you can prove that the circumstances of your case have changed so much as to warrant a lifting of the FRO restrictions.
FRO cases are civil cases, not criminal cases, and you can represent yourself in your FRO hearing if you wish, but arguing your case in court, convincingly presenting your evidence, and disproving the claims of the opposing party are best left to legal professionals. Contact us today for a detailed walkthrough of how we can help you and how we can – based on the evidence – build a sound defense for your FRO case.