Leonard Biddison

Attorney at Law

(866) 721-9510

Philadelphia, PA

(866) 721-9510

Haddonfield, NJ

LDB Leonard D. Biddison Attorney at Law
Legal News

Camden County NJ Temporary Restraining Order Lawyer

Domestic Violence Attorney with Offices in Haddonfield, New Jersey

Temporary Restraining Orders
Temporary Restraining Orders

Applications for temporary restraining orders are filed every day in New Jersey as a result of various domestic violence related offenses. If the judge looking over the application feels as if there is a risk of further domestic violence, he or she may approve the temporary restraining order. Involvement in a domestic violence incident resulting in a temporary restraining order can have several serious consequences that can have a significant and long term impact on your life, including educational and employment opportunities.

If a temporary restraining order has been filed against you, you should speak with an experienced attorney as soon as possible to help you navigate the legal process and get you the most desirable result in your case. The attorneys at the Law Offices of Leonard Biddison have had tremendous success handling countless temporary restraining order cases for years in Camden County including Cherry Hill, Pennsauken, Voorhees, and Gloucester. In fact, one of the members of our criminal defense team is a former domestic violence prosecutor in New Jersey. She now uses her training and experience to defend citizens charged with domestic violence offenses. If a temporary restraining order has been filed against you, having an attorney who knows what it takes to potentially beat the charges is imperative. Call the Law Offices of Leonard Biddison at 866-721-9510 anytime for a free initial consultation.

Temporary Restraining Orders in New Jersey 

Temporary restraining orders in New Jersey are explained under Rule 5:7A which states:

(a) Application for Temporary Restraining Order. Except as provided in paragraph (b) herein, an applicant for a temporary restraining order shall appear before a judge personally to testify upon the record or by sworn complaint submitted pursuant to N.J.S.A. 2C:25-28. If it appears that the applicant is in danger of domestic violence, the judge shall, upon consideration of the applicant’s domestic violence affidavit, complaint or testimony, order emergency relief including ex parte relief, in the nature of a temporary restraining order as authorized by N.J.S.A. 2C:25-17 et seq.

(b) Issuance of Temporary Restraining Order by Electronic Communication. A judge may issue a temporary restraining order upon sworn oral testimony of an applicant who is not physically present. Such sworn oral testimony may be communicated to the judge by telephone, radio or other means of electronic communication. The judge or law enforcement officer assisting the applicant shall contemporaneously record such sworn oral testimony by means of a tape-recording device or stenographic machine if such are available; otherwise, adequate long hand notes summarizing what is said shall be made by the judge. Subsequent to taking the oath, the applicant must identify himself or herself, specify the purpose of the request and disclose the basis of the application. This sworn testimony shall be deemed to be an affidavit for the purposes of issuance of a temporary restraining order. A temporary restraining order may issue if the judge is satisfied that exigent circumstances exist sufficient to excuse the failure of the applicant to appear personally and that sufficient grounds for granting the application have been shown. Upon issuance of the temporary restraining order, the judge shall memorialize the specific terms of the order and shall direct the law enforcement officer assisting the applicant to enter the judge’s authorization verbatim on a form, or other appropriate paper, designated the duplicate original temporary restraining order. This order shall be deemed a temporary restraining order for the purpose of N.J.S.A. 2C:25-28. The judge shall direct the law enforcement officer assisting applicant to print the judge’s name on the temporary restraining order. The judge shall also contemporaneously record factual determinations. Contemporaneously the judge shall issue a written confirmatory order and shall enter thereon the exact time of issuance of the duplicate order. In all other respects, the method of issuance and contents of the order shall be that required by sub-section (a) of this rule.

(c) Temporary Restraining Order. In court proceedings instituted under the Prevention of Domestic Violence Act of 1990, the judge shall issue a temporary restraining order when the applicant appears to be in danger of domestic violence. The order may be issued ex parte when necessary to protect the life, health, or well-being of a victim on whose behalf the relief is sought.

When Will a Judge Issue a Temporary Restraining Order?

1) The alleged victim has standing under the Prevention of Domestic Violence Act (the parties dated, previously lived together, or have a child together)

2) An act of domestic violence occurred: A predicate act of domestic violence must have taken place. There are 14 of these including stalking, assault, and harassment.

3) A restraining order is necessary to prevent further domestic violence.

Note: If the judge approves the temporary restraining order against a person, he or she cannot have contact with the victim, the victim’s family, the victim’s place of employment, the victim’s home, and anyone or anywhere else indicated in the restraining order. Usually within 10 days after approval of a TRO, a hearing for a final restraining order will take place. If the judge does not approve a final restraining order at this hearing, the TRO will also be dismissed. 

Contact a Cherry Hill NJ Temporary Restraining Order Lawyer Today 

The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against a temporary restraining order. Our criminal defense team understands the details of the law in New Jersey and we will use this knowledge to help you best defend against your charges. Call us today at 866-721-9510 for a free initial consultation about your case.

Experience You Can Trust

For the past 20 years, Mr. Biddison has provided his clients with excellent legal counsel in a broad variety of criminal matters. From straightforward issues to serious litigation, he offers you the experience and confidential advice you need to maneuver through the laws of Pennsylvania and New Jersey.

When you’ve been accused of a crime, you are entitled to a thorough and competent criminal defense. Leonard D. Biddison Esquire ensures your legal rights are upheld. Allow our team to assist you during this difficult time.

Schedule an appointment by filling out the form on the right.

The Law Offices of Leonard D. Biddison

Areas We Serve

Burlington County, Mount Holly, Mount Laurel, Pemberton Twp. Camden County, Camden City, Cherry Hill Twp., Gloucester City, Gloucester Twp., Pennsauken, Winslow Twp. Gloucester County, Deptford Twp., Monroe Twp., Paulsboro Boro, Washington Twp., West Deptford Twp., Woodbury City, Bordentown Twp., Cinnaminson, Evesham Twp., Mansfield Twp., Maple Shade Twp., Medford Twp., Moorestown Twp., Palmyra Boro, Bellmawr, Clementon, Collinswood, Haddon Twp., Lindenwold, Pine Hill Boro, Stratford Boro, Voorhees Twp., Waterford Twp., Elk Joint Municipal Court, Franklin Joint Mun Ct, Greenwich Twp, Mantua Twp.

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Philadelphia Location

230 South Broad Street Suite 1501

Philadelphia, PA

  (866) 721-9510    Directions

Haddonfield Location

132 North Haddon Avenue

Haddonfield, NJ

  (866) 721-9510    Directions

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.