Jersey City Restraining Orders
Highly Experienced Lawyers Handling Restraining Order Cases in Jersey City, NJ
There are multiple reasons why you may find yourself involved in a restraining order matter in Jersey City, New Jersey. One being that you have been a victim of domestic violence seeking to file for an order of protection, another being that you have been served with a temporary restraining order and are now facing a final restraining order hearing. In either case, the results of the restraining order trial or what happens before then can spell serious implications for the rest of your life. On the one hand, you may need to be protected from further abuse or threats of violence. On the other, you may be forced to comply with the many conditions and repercussions of a final restraining order being issued, which are permanent. No matter what, you are in a better position to achieve the result you desire by enlisting help from a skilled, dedicated, and experienced restraining order and domestic violence attorney who frequently handles cases in Jersey City as a whole, and in the Hudson County Superior Court, where in-person restraining order hearings are held.
That’s where our lawyers, having achieved numerous restraining order wins in Jersey City, come in. Contact us if you have questions or need assistance with a case. We are available immediately at (201)-556-1570 to provide you with a free consultation. Trust our unrivaled experience and discuss how we can help you with a TRO, FRO, removal of a restraining order, dismissing an order, handling a restraining order violation, or appealing an FRO.
What if I Need a Restraining Order in Jersey City?
Perhaps the Jersey City police advised you to get a restraining order and offered to help you get one, or your close friend or family member encouraged you to do so, or you have simply reached your breaking point and are in fear for your safety after repeated acts or threats of violence. You may be wondering about the process to file a restraining order. First, understand how you get a restraining order and why.
Am I Eligible for a Restraining Order?
When you fear for your safety due to domestic violence and qualify as a domestic violence victim under New Jersey’s Prevention of Domestic Violence Act (PDVA), you can get a restraining order. You are eligible if you are at least 18 years old or an emancipated minor and need protection because your life, health, or wellbeing are in danger by someone closely or intimately related with you. That could be your spouse, ex-spouse, date, lover, housemate, former housemate, family member, or parent to your child or future child.
How do I get a Restraining Order in Jersey City?
The first step in getting protection is filing for a temporary restraining order (TRO). After the courts closed, you could get help from the police to file your restraining order at one of four police precincts covering the east, west, south, and north portions of the city. After reporting your story of what happened and why you need protection, the police can help you prepare the necessary court paperwork and connect you with an on-call judge. Another avenue is to go to the Hudson County Superior Court at 595 Newark Avenue, Jersey City, during regular business hours, Monday through Friday, from 8:30 a.m. to 4:30 p.m. You can also get help filling out paperwork and bringing it to Superior Court, specifically the Family Part of the Chancery Division. Jersey City Municipal Court presents yet another option for those seeking restraining orders, provided that the court is open. Once the judge determines you qualify as a domestic violence victim and have grounds for protection, they can issue you a TRO. If the judge issues the TRO, you get all the protection you would have with a permanent order, pending the final restraining order hearing to follow.
What does a Jersey City Temporary Restraining Order do?
A temporary restraining order has many impacts and requirements attached. The order restrains the named party, the defendant, from contacting the plaintiff, whether it be in person or by phone, email, text message, social media, or another means of communication. It also prohibits the defendant from going anywhere near the plaintiff, including at their home, their job, and other places where they frequently visit or spend time. The order may include a child visitation schedule and other orders, including orders to pay child support, exclusive use of the residence shared with the accused, etc.
The defendant served with the TRO must also surrender any firearms or weapons in their possession to law enforcement. If there is a police response to the scene of reported domestic violence in Jersey City, then officers will seize any weapons present at the time. If the victim requests an escort to their home, the police can help remove the defendant from the home and confiscate their firearms. In addition to the TRO, there will be a hearing date set for the Final Restraining Order (FRO), generally ten days after the TRO takes effect.
What is Needed for a Permanent Restraining Order in Jersey City NJ?
At the FRO hearing in Hudson County, the petitioner, the one filing for the FRO, and defendant, the one facing the permanent order against them, appear before the judge to argue for or against the restraining order becoming final. For a FRO to issue, the judge must establish from the evidence that the plaintiff is a domestic violence victim in need of the order to protect their life, health, or wellbeing. This has three main prongs: the first, that an act of domestic violence happened; the second, that there is a history of such acts between the parties; and third, that the permanent protection order is required for the plaintiff’s safety moving forward. The accused and accuser both get an opportunity to bring proof of their position to the hearing, including witnesses to the contended violence or other relevant facts. If the judge rules that it is necessary, the FRO becomes law.
What does a Jersey City Final Restraining Order do?
Once a judge issues an FRO, the defendant must follow the order to stay away, pay support, permanently forfeit their weapons, leave their previously shared home, avoid any form of communication, and do whatever else the protective order requires. If they violate the order, they may be required to return to court and answer why the court should not convict them on contempt charges. Depending on the conduct, these violations may result in incarceration. An FRO is permanent and can haunt a defendant for the rest of their life, especially if they have a child with the protected party. And if the defendant has pending immigration orders or applications, their immigration status may be in jeopardy with a restraining order. Those named in restraining orders become part of the state database of domestic violence offenders under restraining orders. A restraining order may also affect particular types of employment, especially ones requiring top security clearance.
It is important to note that in some situations, a restraining order can be vacated. Our attorneys can help you with this complex process, as it will require you to successfully support your case requesting removal of the FRO in a separate legal proceeding.
Do You Need a Lawyer for a Restraining Order in Jersey City?
You are not required to have an attorney, but the decision is smart if you are seeking to achieve the best possible outcome in your restraining order case. A qualified lawyer can assist either a plaintiff or defendant at an FRO hearing. Since a Jersey City restraining order attorney has experience handling these matters, having one on your side can ease the strain walking into the unknown. Any court case can be overwhelming, even when the stakes and emotions are not high. But domestic violence hearings can be especially volatile and tense. It helps to have a professional with the legal knowledge and background in domestic violence protection order cases by your side guiding you.
Beyond that, an attorney who knows the rules of evidence can help you present your case to the judge in a legally compelling manner. Additionally, your lawyer can discredit witnesses by sharp cross-examination, including the other party. Witnesses with faulty memories, inconsistent stories, lack of standing, and biases are not convincing, and a good cross-examiner can bring those flaws to light. Additionally, a talented Jersey City restraining order attorney can save you time and protect you by dealing with the other party and their lawyer, if they have retained one as well. They can provide a buffer between you and the other side, serving as an authoritative voice amidst a high-stakes situation.
Ultimately, if you are a victim of domestic violence, your lawyer can help you get the relief you need at your restraining order hearing. On the other hand, a skilled restraining order defense lawyer can fight the case tooth and nail to get the TRO dismissed and allow you to move on with your life. We should know, as our team has racked up a lengthy list of wins in restraining order cases on behalf of clients in Jersey City. People like you count on us to protect their interests, and we take this responsibility seriously.