Elizabeth NJ Restraining Order Hearing Defense Lawyer
There are few cases more contentious than a contested restraining order hearing. The irony is that these matters can sometimes begin with little warning to a defendant only to erupt into a life altering event because of a temporary restraining or, worse yet, a final restraining order. There is no question whatsoever that an individual should be represented by an experienced defense lawyer at a restraining order hearing at the Family Division of the Union County Superior Court in Elizabeth New Jersey. The fact is that if such a hearing is lost, an individual is permanently restrained from any contact with the plaintiff, and is often also exposed to a a variety of criminal offenses for domestic violence. It is therefore very important that every reasonable effort be undertaken to make sure that a thorough and effectively defense is presented.
The attorneys at The Law Offices of Jonathan F. Marshall have a proven track record of success in restraining order cases. Whether the restraining order was filed directly in Elizabeth or in a local police department like the one in Cranford, Westfield, Union or Springfield, a lawyer on our staff has the tools required to fully protect you. Our defense team includes several former prosecutors and a team of lawyers with over 100 years of combined experience. To speak to an attorney immediately in a free consultation, contact our Union Office at 908-272-1700.
Temporary Restraining Order in Union County NJ
A prerequisite to issuance of a temporary restraining order by a judge in Union County is a finding that some form of domestic violence has occurred. New Jersey Law sets forth fourteen (14) offenses that constitute “domestic violence” and they are: (1) Homicide; (2) Simple Assault or Aggravated Assault; (3) Terroristic Threats; (4) Kidnapping; (5) Criminal Restraint; (6) False Imprisonment; (7) Sexual Assault; (8) Criminal Sexual Contact; (9) Lewdness; (10) Criminal Mischief; (11) Burglary; (12) Criminal Trespass; (13) Harassment; or (14) Stalking. The judge must find, based on sworn testimony or by affidavit, that the plaintiff was the victim of one of these offenses and, secondly, that a temporary restraining order is necessary to protect him/her against another domestic assault or other form of domestic violence. Issuance of a temporary restraining order prevents the parties from having any contact until such time as a determination is made at a final restraining order hearing as to whether the restraints should become permanent.
Final Restraining Orders
The final restraining order hearing is the setting where a Superior Court judge decides whether a temporary restraining order should become final. A final restraining order is only granted in Union County or elsewhere where there is a finding of domestic violence and a threat to the victim. The standard of proof in this regard is the greater weight of the evidence, also referred to as a preponderance of the evidence. Where the judge finds that it is more likely than not that an incident of domestic violence occurred and further that restraints are necessary to protect the victim in the future, a temporary restraining order becomes final or permanent. Thereafter, any violation of the restraining order gives rise to an indictable criminal charge in Union County Superior Court. It is of paramount importance that a restraining order get dismissed rather than become permanent so that a litigant avoids the risk of future arrest and other serious consequences.
Union NJ Restraining Order Lawyer
Individuals often make the mistake of attempting to handle a Union County restraining order without an attorney. This is clearly a mistake as a final restraining order has long-term consequences. The better course of action is to consult a lawyer before any defenses are compromised. To this end, our attorneys are available 24/7 to discuss the allegations that we lodged against you in Berkeley Heights, Clark, Roselle Park, Hillside, Linden or another area municipality. The Law Offices of Jonathan F. Marshall is available for free initial consultations by calling 908-272-1700. An attorney is ready to help you immediately.