Temporary Restraining Order Defense
Temporary restraining orders (TRO) are short-term pre-trial temporary order. A judge has authority to issue it. To obtain a TRO, a party must convince the judge that he/she faces irreparable harm. It requires that the alleged victim explain that he or she will suffer immediate injury unless the order is issued. If a judge thinks that a temporary restraining order is necessary, he or she may issue the order. Because a TRO may be issued without informing the other party and without holding a hearing, courts them very seriously. If it happens that the judge will issue a TRO, in this case, a defense lawyer can help you. Contact us today for free consultation.
How we can Help You in TRO defense?
If a judge issues Temporary Restraining Order (TRO) to you, then contact an criminal defense lawyer soon. Do not make any statements to the police. You will have to appear in court within 10 days of the issuance of TRO. You should contact an attorney so that he/she may adjourn the hearing. An attorney will help you prepare for the hearing. Our attorneys have experience in handling these hearings. So, we can help you fight the allegations against you.
The hearing is just like a trial. Both the victim and accused will present evidence and testimony in front of judge. The Final Restraining Order is your first and maybe only chance to tell your version of the facts. It will be your opportunity with the assistance of your lawyer to challenge the charges against you. The allegations against you may simply not be true.
It is your right to hire a lawyer who will represent you at the Final Restraining Order Hearing, so contact us today. You will have the opportunity to present witnesses or any other evidence at your hearing. As a result, you can challenge the victim’s story and require the judge to consider both sides of the story in deciding upon the final restraining order. At this hearing, your criminal defense lawyer can cross-examine any witnesses the plaintiff or victim presents. A defense lawyer can explain circumstances and conditions based on which a TRO was issued. We can expose lies and shed light on important facts to help a judge eliminate untrue testimony. As a result, we can help you in dismissing the order that judge had issued.
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.