South Jersey Temporary Restraining Order Attorney
Respected TRO Defense Lawyer in Camden County, NJ Handles Complex Legal Matters in Burlington County, in Cumberland County, in Gloucester County, and Throughout New Jersey
Whether you file a temporary restraining order (TRO) or are served with one, you should seek legal counsel to navigate the often complex legal processes that apply to TRO cases. A TRO is a civil matter in New Jersey and does not immediately involve criminal charges, but final restraining orders are permanent and will never expire. If you receive such a TRO, you will be fingerprinted and registered in a state-wide database of domestic violence offenders. Contact a qualified South Jersey temporary restraining order attorney at Gelman Law, LLC today so that our TRO defense lawyers in Cherry Hill, NJ can begin helping with your case.
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Important Facts Relating to N.J.S.A. 2C:25-19(a) Act of Domestic Violence and Temporary Restraining Orders in New Jersey
Here are five important facts relating to TRO cases in New Jersey as they relate to N.J.S.A. 2C:25-19(a) on acts of domestic violence. These facts can have an important impact on your case, so it is critical that you understand these rules so that we can help you navigate the state statutes and legal process rules that apply to your situation.
- You must be eligible to file a TRO;
- Some form of domestic violence must be involved;
- The family court has jurisdiction over your case;
- TRO cases are typically expedited and can move quickly through the courts;
- TROs are either made permanent or are dismissed after your hearing.
Speak with a Trusted South Jersey Temporary Restraining Order Attorney at Gelman Law, LLC to Learn if You Can File a TRO
One of the first things you must ask yourself is if you are even eligible to file a TRO. If you are not, then the TRO rules and processes will not likely benefit you at all.
To be protected by a TRO in New Jersey, you must be eligible for such protection under the Domestic Violence Act. This act – details of which are contained in New Jersey state statutes N.J.S.A. 2C:25-19(a) on acts of domestic violence, covers:
- Individuals who were in some sort of relationship, such as having been married, divorced, dated, etc.;
- Parties that have children together;
- Parties that resided together at some point.
If any of these apply to you, then you are protected by the Domestic Violence Act and can apply for a TRO. To do so, you must prove that some form of domestic violence occurred, such as harassment, assault, stalking, threats, etc. If a judge finds that there is adequate proof that domestic violence occurred, then a TRO can be issued. The TRO can be issued in the county where the parties in question reside or in the county in which the domestic violence incident occurred.
TRO Defense Lawyer in Cherry Hill, NJ Fights for Clients’ Rights Across New Jersey
TROs can be easy to get. All that the alleged victim must do is testify about the alleged domestic violence that he or she suffered. Since there will usually be no defendant or defense attorney present during the hearing to challenge the victim’s story or question them, TROs are often granted relatively easily. People from all backgrounds can be served with a TRO notice, and such notices are sometimes issued against people as retaliation by a so-called victim in, for example, bitter divorces, even if domestic violence never occurred.
This is why you must speak with a South Jersey temporary restraining order attorney at Gelman Law, LLC for assistance with a TRO notice that you have been served. A TRO defense lawyer in Camden County, NJ from our firm can fight to have the TRO canceled so that you do not face the legal or social fallout of having such a petition on your permanent record.
Additional Facts to Review with a TRO Defense Lawyer in Camden County, NJ at Gelman Law, LLC
Here are a few additional facts you should consider when dealing with a TRO petition in New Jersey.
- TROs are civil cases that are handled by the family division of the Superior Court in the county in which the TRO was filed.
- Because TROs are not criminal cases, there is no presumption of assistance or representation by a public defender or attorney for the individual against whom the TRO was filed.
- Plaintiffs and defendants are free to hire private counsel or they can opt to represent themselves at their TRO hearings.
- Finally, for civil cases, the standard of proof is 51%, which means the alleged case facts must be proven by a preponderance of evidence for them to hold up in court.
Don’t face these legal challenges on your own. A South Jersey temporary restraining order attorney at our firm can walk you through what to do each step of the way.
Get Advice From An Experienced Domestic Violence Lawyer. All You Have To Do Is Call 856-861-4236 To Receive Your Free Case Evaluation.
Contact a South Jersey Temporary Restraining Order Attorney at Gelman Law, LLC for Assistance with Your Case
Whether you need to file a TRO or have been served with a TRO notice, you should seek professional legal counsel to help with your case. An experienced TRO defense lawyer in Cherry Hill, NJ at our firm will have the legal knowledge and hands-on experience that your case requires. We’ve handled TRO cases of every kind, and we can help you with yours, whether you filed one, want to file one, or have been served with a TRO. Contact us today to learn more.
Frequently Asked Questions About Temporary Restraining Orders in New Jersey
In this case, you cannot obtain a TRO, but you can still file criminal charges for domestic violence acts and seek a “no contact order” via the criminal court system. If you are covered by the domestic violence act, however, then you can obtain a TRO and it will be handled in the Family Division of the court system.
You should speak with an attorney. The fallout of a TRO or a Final Restraining Order (FRO) can be serious. TROs stay in effect until your case is dismissed or an FRO is issued. The FRO hearing is usually scheduled within 10 days of the issue of a TRO, so time is of the essence and you can hire a lawyer to represent you or opt to represent yourself in court.
