Cases involving domestic violence are taken very seriously in New Jersey. The alleged victim of domestic violence may get a restraining order, which forbids the accused from contacting the victim any further. If you have a restraining order against you, consider talking to an attorney immediately. You can click here to get an instant consultation with one of the top criminal defense attorneys. Here’s more about restraining orders in New Jersey.
Types of restraining orders
There are two types of restraining orders issued in the state. When the victim accuses the other party of domestic violence, they have the choice to seek a Temporary Restraining Order, which is separate from the criminal charges pressed against the accused. The TRO is issued ex-parte, which means that the court will issue the order on the word of the victim. Within ten days of issuing the Temporary Restraining Order, a formal hearing would be scheduled, where both sides get the chance to present witnesses and evidence. If the judge feels that the victim still has reasons to fear, they may issue a Final Restraining Order (FRO), which remains in place forever.
Don’t violate a restraining order
You may feel that the restraining order is wrong, or there is a need to apologize to the other party. However, regardless of how you feel, you must comply with the restraining order, or you could face additional criminal charges, along with domestic violence charges. If you try to talk to the victim on your own, you could end up in a worse situation.
Get an attorney
Once a Final Restraining Order (FRO) is issued, the accused must stay away from the alleged victim forever. It is absolutely important that you take legal help to prevent the TRO from becoming a FRO. If the FRO is sworn out, you will have to pay a fine of $500, your photo and fingerprints will be taken, and you will lose the right to own a gun or a firearm. An attorney is your best bet at ensuring that your defense is strong enough to convince the court.
A lawyer can also advise you against the dos and don’ts after getting a TRO. For instance, once your spouse files a case of domestic violence and restraining order is issued, you cannot merely reconcile because you both want the same. As the state is involved, legal procedures must be followed. An attorney can help in every situation.