CHILDREN & FINANCES WITH
EXPERIENCE & COMPASSION
At the Aretsky Law Group, our Middlesex County restraining order attorneys are experts in handling TRO’s. We fully appreciate the gravity of these cases, especially when they involve domestic violence. Whether you are the accused or the victim, dealing with restraining orders can be extremely stressful and complicated. In Middlesex County, it’s vital to secure legal representation quickly for the final hearing on a temporary restraining order. Our experienced restraining order lawyers in Middlesex County have managed hundreds of these cases, ensuring that you are in capable hands with the Aretsky Law Group and our accomplished team of Middlesex County restraining order attorneys.
Restraining Orders:In New Jersey, restraining orders are legal measures designed to protect individuals from abuse, harassment, stalking, or threats. They are most commonly associated with domestic violence cases.
Grounds for a Restraining OrderTo obtain a restraining order in Middlesex County, New Jersey, the victim must prove that an act of domestic violence has occurred. Common acts include:
Temporary restraining orders or TROs provide immediate protection for their victims. To obtain a temporary restraining order, you must file a complaint at the local police department or the Family Division of the Middlesex County Superior Court.
The Middlesex County Family Courthouse is located at 120 New Street New Brunswick, New Jersey 08903.
New Brunswick, New Jersey 08903.
A judge can issue a TRO based on the victim’s testimony and evidence, often without the alleged abuser being present. The TRO is in effect until a final hearing can be scheduled, typically within 10 days of the TRO.
2. Final Restraining Order (FRO):Final Restraining Orders or FROs provide long-term protection. To obtain an FRO, a court hearing is held where both the victim and the alleged abuser can present their cases and the judge will decide whether to issue an FRO based on the evidence and testimonies. It is strongly recommended that both parties hire an attorney for FRO hearings to increase your chances of a favorable outcome by providing legal representation, protecting your rights, and reducing the stress and complexity of the legal process. An FRO has no expiration date and remains in effect indefinitely unless dissolved by the court. Therefore, an FRO has significant long-term consequences, including impacts on child custody, employment, and reputation. An attorney can help you understand these consequences and work to mitigate any negative effects.
Protections of a Restraining OrderA restraining order in Middlesex County, New Jersey offers several critical protections designed to ensure the safety and well-being of the victim. Primarily, it prohibits the abuser from contacting the victim through any means, including in-person visits, phone calls, emails, or social media interactions, effectively preventing harassment and further abuse. The restraining order can also require the abuser to stay a certain distance away from the victim’s home, workplace, and other frequently visited locations, thus providing a physical barrier against potential threats. Additionally, the order may include provisions for temporary custody and visitation rights, safeguarding any children involved from exposure to violence or instability. Financial protections can also be part of the order, such as mandating temporary support payments to help the victim maintain stability during a tumultuous period. Moreover, the restraining order may compel the abuser to surrender any firearms or weapons, significantly reducing the risk of violence. Overall, these protections aim to provide a comprehensive safety net for victims, allowing them to regain a sense of security and control over their lives.
Violations and EnforcementViolating a restraining order is a serious offense in New Jersey, and the legal system takes strong measures to enforce these orders and protect victims. The consequences are designed to deter violations and ensure that victims remain safe from further harm. If an individual violates a restraining order, law enforcement officers can arrest them without a warrant based on probable cause. This immediate response is intended to protect the victim from further harm. Once arrested, the violator will face criminal charges, specifically contempt of court, which is a fourth-degree crime in New Jersey. The accused must then appear in court, where a judge will review the case and determine appropriate legal actions. Penalties for violating a restraining order can include fines and jail time; for a first offense, the violator may face up to 18 months in prison and fines up to $10,000. Repeat offenses or violations involving violence can lead to even more severe penalties.
Defending Against Restraining Orders:Being served with a restraining order can also be a distressing experience. A conviction for violating a restraining order will result in a permanent criminal record, which can have long-term consequences on employment, housing, and other areas of life. Future interactions with law enforcement or the legal system will also likely be scrutinized more closely, and any subsequent legal issues may result in harsher penalties.
Legal Representation:Both the victim and the accused should seek legal representation to protect their rights and interests throughout the restraining order process. The Middlesex County’s legal system's strong enforcement measures aim to deter violations and ensure the ongoing protection of victims. Our attorneys at the Aretsky Law Group that handle our restraining order cases are well-versed in the complexities of New Jersey’s domestic violence and restraining order laws. They can explain your rights, the legal standards that must be met, and what to expect during the hearing. We will also ensure that your rights are protected throughout the process, helping prevent any procedural errors or unfair treatment that could negatively impact the outcome of your case. Call us today for a free consultation to take the steps to protecting yourself 201-580-3411.