TRO

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.

We have helped many clients with past TROs. Similarly we can do the same for you. Give us a call and discuss your case.

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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:

  • Homicide
  • Assault offenses
  • Terroristic threats
  • Kidnapping
  • Criminal restraint
  • False imprisonment
  • Lewdness
  • Burglary
  • Trespass
  • Harassment
  • Stalking

 

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.

Getting a Temporary Restraining Order (TRO) turned into a Final Restraining Order (FRO)
A Final Restraining Order (FRO) will only be issued after a trial is heard. The Judge will hear from both the victim (plaintiff) and accused (defendant). A Final Restraining Order (FRO) trial is usually scheduled within 7-10 days of the TRO being granted. During the FRO trial, the Plaintiff has to prove their case by a preponderance of the evidence. For an FRO to be granted the Plaintiff must prove that they qualify as a victim under the New Jersey Prevention of Domestic Act, that the Defendant committed an act of Domestic Violence, and that the FRO is necessary to protect the life, health or well being of the victim. If the FRO is granted by the Judge the FRO in most cases will continue the conditions contained in the TRO and also add additional conditions including: The defendant will be subjected to fingerprinting, N.J.S.A. 53:1-15 and entered into a domestic violence registry. (The Administrative Office of the Courts maintains a central registry of all persons who have had domestic violence restraining orders entered against them, N.J.S.A. 2C: 25-34). If a Final Restraining Order is entered the defendant will not be able to possess a firearm, or a firearm purchaser’s identification card nor will the defendant be able to apply for a firearm purchaser’s identification card in the future. In most cases the defendant will be prohibited from returning to the marital or shared residence if it is also the residence of the alleged victim. The defendant’s ability to visit any children in common will be severely curtailed. The alleged victim (plaintiff) has the right to retain a lawyer for the Final Restraining Order and very often appears for the Final Restraining Order with a lawyer.

Violation of a TRO or Final Restraining Order
If you violate the TRO or final restraining order you can be charged with either a disorderly persons offense or a crime of the fourth degree. Disorderly persons violations are heard in family court while crimes of the fourth degree are heard in criminal court. A fourth degree offense occurs when the violation of the restraining order involves a disorderly persons offense or crime. Any violation of the no contact, no further acts of domestic violence and other provisions of Part 1 of the protective order is considered contempt. The standard of proof is the one used in criminal proceedings, or proof beyond a reasonable doubt that the defendant violated some condition of the TRO or final order. The penalty for violating a TRO or final order for the second or subsequent time is a mandatory 30-day jail time and can be up to six months in jail. Any violation of a TRO that is considered a fourth degree crime carries a possible 18-month prison sentence, although this is discretionary. However, if the contempt involved a separate criminal offense, then you may be subject to those penalties as well.

What is a Restraining Order?
A restraining order is a civil order issued by a judge that provides protection for the victim (plaintiff) and his/her family from harm by a spouse or former spouse, a present or former household member, a person you have a child in common with or expect to have a child in common with (if you are currently pregnant), or a person you’ve had a dating relationship with who accused of domestic violence. The courts are always open to hear a victim’s complaints and issue a Temporary Restraining Order (TRO). In fact victims of domestic violence are entitled to the aid of the court no matter the day or hour it is part of the Judges job to hear your complaint not matter what time! N.J.S.A. 2C:25-18: Provides for access to emergent and long term relief to protect victims of domestic violence and encourages the broad application of the statute in the civil and criminal courts of the State.

Who issues the TRO?
A Municipal or Superior Court Judge will issue the TRO. The Municipal Court is the “overtime court” for the Superior Court for domestic violence matters. TROs applied for after 3:30 PM and up until the morning when the Superior Court reopens are heard by a Municipal Court Judge. In fact most TRO’s are issued Friday and Saturdays are because often DVs are often alcohol fueled.

Will my spouse or the person I have domestic relations with be arrested?
In situations where the officers respond and find evidence of injury the law requires that the officers arrest the offending party.

 

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.