Served with a Temporary Restraining Order (TRO)?
If you are served with a Temporary Restraining Order (TRO) contact an ocean county criminal defense lawyer and do not make any statements to the police. You will have to appear in court within 10 days of the issuance of the temporary restraining order. It is imperative that you contact an attorney so that he/she may adjourn the hearing or work to get you prepared for the hearing. Our attorneys have experience handling these hearing and can help you fight the allegations against you.
The hearing is just like a trial. Evidence and testimony will be presented to the Judge by both the victim (plaintiff) and the accused abuser (defendant). The Final Restraining Order is your first and maybe only chance to tell your version of the facts and be heard by the Judge. It will be your opportunity with the assistance of your lawyer to challenge the allegations of the alleged victim. The allegations against you may simply not be true or be presented in a way that is misleading.
It is your right to be represented by a lawyer at the Final Restraining Order Hearing, so Lawyer up! You will have the opportunity to present witnesses or any other evidence at your hearing to determine if a final restraining order should be issued. At this hearing, your criminal defense lawyer can cross-examine any witnesses the plaintiff presents as well as the plaintiff. Should the Final Restraining Order be granted by the Judge one of our criminal defense lawyers can offer mitigating circumstances or other arguments that can eliminate any burdensome conditions contained in the TRO or even have the protective order dismissed.
What type of offenses are considered domestic violence?
There are predicate offenses which fall under the Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 to -35.They are listed in N.J.S.A. 2C:25-19, including, among others:
- Assault offenses
- Terroristic threats
- Criminal restraint
- False imprisonment
Who is considered a Victim?
N.J.S.A. 2C:25-19 (d) explains that any person over 18 or an emancipated minor that is subject to domestic violence by spouse or former spouse or a person that is a present or formerly living with the victim, or who has a child in common or anticipates a child if pregnant and those in a dating relationship can be considered a victim of domestic violence.
The Judge hearing the matter will swear the witness which many times will happen by phone. If the victim is incapable to give testimony due to reasons of injury the police officers involved may supply the testimony. State v. Cassidy, 179 N.J. 150, 159-60, 843 A.2d 1132 (2004). What the Judge will do is get the facts from the local/State police, talk to the victim, seek info regarding the parties to see if their relationship meets the requirements of the Domestic Violence Act and seek info regarding the statutory predicate acts listed above.
Just because there may be a dismissal of the TRO doesn’t necessarily mean that the charges in Municipal Court will be dropped, the Municipal Prosecutor can still go forward with the disorderly persons offenses.
Any changes to bail are made by the Judge that set the bail in a Domestic Violence matter or another Judge that conferred with the Judge that set the bail. The Superior Court Judges are required to confer with the Municipal Court judge that set the bail before making any changes.
If you are served with a Temporary Restraining Order (TRO) contact an Ocean County Criminal Defense lawyer. Our attorneys have experience handling these hearings and can help you fight the allegations against you.