Camden County NJ Final Restraining Order Lawyer
Domestic Violence Attorney with Offices in Haddonfield, New Jersey
If a judge approves a 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 temporary restraining order, a hearing for a final restraining order (FRO) will take place where the judge will decide whether or not to approve the order. Involvement in a domestic violence incident resulting in a 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 you have an upcoming FRO hearing, 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 final restraining order cases for years in Camden County including Cherry Hill, Waterford, Collingswood, and Winslow Township. In fact, one of the members of our criminal defense team is a former prosecutor in New Jersey who used to prosecute charges for the State which means we know the types of arguments that will be made on both sides. If you are scheduled for a FRO hearing, 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.
Final Restraining Order Hearings in New Jersey
If a judge approves a temporary restraining order, a final restraining order hearing will take place shortly after. The victim must show that the FRO is necessary by a preponderance of the evidence (more likely than not). At this hearing, the judge will make a decision whether to grant the FRO or not by considering a number of factors including:
1) Threat of immediate danger to person or property
2) The best interests of the victim and any child
3) Previous history of domestic violence between the parties
4) The financial circumstances of both parties
5) Protection of the victim’s safety in a visitation or custody award
6) Whether there is an Order of Protection from another jurisdiction
After the considering these factors, the judge will make one of the following decisions:
1) Dismiss the case as well as the TRO if an act of domestic violence cannot be shown
2) Adjourn and continue the TRO until he or she can make a determination
3) Enter the FRO
Consequences of a Final Restraining Order in New Jersey
1) Preventing the defendant from committing further acts of domestic violence against the victim
2) Exclusive possession of the residence including rent payments
3) The court may order a risk assessment where the appropriate agency will assess the risk of harm to the children involved
4) Monetary compensation to the victim for losses resulting from the domestic violence including earnings, treatment for injuries, cost of replacement or repair of real property, counseling, traveling, attorney and court fees, and compensation related to pain and suffering.
5) Counseling/Psychiatric Evaluation
6) rent or mortgage payments if these issues are not currently being litigated or previously resolved
7) Temporary custody of the child based on the best interests of the child
8) Restrain the defendant from possessing firearms
9) Restrain defendant from stalking or threatening the victim
Note: If the defendant fails to appear at the FRO hearing, the judge may rule against him or her in default. Further, dismissal during a FRO hearing does not result in dismissal of related criminal complaints.
Contact a Winslow Twp. NJ Final Restraining Order Lawyer for a Free Consultation
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 final 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.