Camden County NJ Temporary Restraining Order Lawyer
Domestic Violence Attorney with Offices in Collingswood, New Jersey
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 877-450-8301 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 877-450-8301 for a free initial consultation about your case.
