At the Aretsky Law Group, our Bergen County Restraining Order Lawyers understand the seriousness nature of cases involving restraining orders. Domestic violence can have devastating effects one one’s life. Cases involving domestic violence issues are stressful and usually complex, whether you are the accused or the victim. When restraining orders are issued in Bergen County it is essential to act quickly in securing counsel to help you prepare for a final hearing on the temporary restraining order. Our Bergen County Restraining Order Attorneys are always ready to help. With offices located in Ridgewood, New Jersey, the restraining order lawyers at the Aretsky Law Group handle hundreds of these matters that arise in Bergen County. You can feel secure knowing you are in good hands with the Aretsky Law Group’s Bergen County Restraining Order Lawyers.
Domestic Violence Charges in Bergen CountyDomestic violence consists of acts that are criminal in nature and include elements such as: kidnapping, sexual assault, criminal sexual contact, lewdness, harassment, stalking, criminal trespass, simple and aggravated assault, and terroristic threats, among others. The individual acts of domestic violence are defined by the criminal code, however, the hearings take place in the Bergen County Chancery Division, Family Part. What this means is that the proceedings are actually civil in nature so there is a lower burden of proof when presenting the court with evidence of domestic violence.
In Bergen County, the hearings for restraining orders are heard at the Bergen County Superior Court, 10 Main Street, Hackensack, New Jersey.
Within the Family Division there is a Bergen County Domestic Violence Unit that has a team of employees who assist with cases of domestic violence and Bergen County Restraining Orders.
VictimsIf you find yourself the victim of domestic violence from either a spouse or significant other, you need lawyers like ours at the Aretsky Law Group that can act quickly on your behalf to protect you. Our Bergen County restraining order lawyers can assist you in the process to file for a temporary restraining order. Once an Order is issued, the matter must be heard within 10 days. The Aretsky lawyers will work tirelessly to make sure a proper argument is prepared to ensure you obtain a more permanent form of protection through a Final Restraining Order.
The AccusedIf you find yourself at the other end of a temporary restraining order, where you are being accused of domestic violence charges, then it is just as crucial to act quickly in hiring a Bergen County attorney to protect your rights. Allegations can be based on misunderstandings or they may not even be legitimate and instead used as a tactic in a bad divorce or child custody case. As such, you need our Bergen County domestic violence defense attorneys to prepare an accurate and rigorous defense to protect you.
Temporary Restraining Orders vs. Final Restraining Orders in Bergen CountyIn New Jersey, there are temporary restraining orders (TRO) and final restraining orders (FRO) which are permanent. Restraining orders can include language to provide protection to the victim, the children involved in the relationship, and even address financial support. You can seek out a temporary restraining order at a local Bergen County police station or at the Bergen County Superior Court, Family Part. In either case, a judge will decide whether you qualify for a TRO and will base his or her determination upon your story and evidence. The court does not give the other party a chance to explain at this point. However, if granted, the police will serve the TRO on the defendant and a hearing to determine if a final restraining order is warranted will be scheduled.
Final restraining orders are issued after the hearing is conducted. If the plaintiff does not appear for the hearing then the TRO will expire. At the final hearing, both sides get to present evidence and call upon witnesses. If the judge grants a final restraining order it will be more detailed than the TRO – prohibiting contact, providing support and dictating custody, and it will remain in place until one of the parties requests the court to lift or modify it. With a final restraining order, neither party will be able to contact each other, not even through electronic means or third parties. Further, for additional protection, the defendant’s information will go into a database for domestic violence offenders which will be checked whenever the defendant travels in and out of the country. The defendant will also be barred from owning any firearms. As you can see being on either side of a restraining order is a serious ordeal, so it is essential to have an experienced Bergen County domestic violence attorney in your corner.
Violating a Restraining OrderOnce a final restraining order is granted, if the defendant violates any provisions of the order by contacting the plaintiff, it can become a criminal offense and the defendant could be sentenced with probation. If there is a second violation, there is mandatory jail time.
Our Bergen Attorneys Handling Restraining OrdersThe lawyers at the Aretsky Law Group recognize the fast pace track when it comes to cases of domestic violence. With years of experience in handling these time sensitive and delicate matters, our attorneys are always ready and willing to take immediate action for you. To discuss your case with one of our Bergen County domestic violence attorneys please call 201-580-3411 for a free consult.
Domestic Violence Resources
National Domestic Violence Hotline: 1-800-799-SAFE (7233)
The New Jersey Domestic Violence Hotline: 1-800-572-SAFE (7233)
The Center for Hope and Safety: 201-498-9247