Final Restraining Order Hearing
Lawrence Township Restraining Order Defense Lawyers
If you have been accused of an act of domestic violence and restraining order has been filed against you then it is imperative that you hire an experience trial defense attorney who can help you through this process. A Final Restraining Order (“FRO”) Hearing is a civil proceeding that will be heard before a Superior Court Family Division Judge in the Mercer County Superior Courthouse or in the Superior Court of the county in which it took place. This differs from the alleged predicate criminal act (ie. Simple Assault, Harassment, or Terroristic Threats) which will be heard before a Municipal Court Judge or Superior Court Criminal Judge depending on the degree of crime. The proceedings are entirely separate and isolated but sometimes the outcome of one case can affect the how the other case proceeds. These types of cases are usually very complicated by their nature and it can be very overwhelming and complicated if you do not understand the court proceedings and your rights. This is why it so important to have knowledgeable defense lawyer on your side. At the Law Offices of Jonathan F. Marshall our team of veteran criminal lawyers and former prosecutors will down with you and review the details and facts of your case in order to prepare a thorough, viable defense at your hearing.
Penalties for Final Restraining Order
At the time the victim the reports the alleged domestic incident, the police give them the option to file a Temporary Restraining Order against the defendant for immediate protection. A Final Restraining Order (“FRO”) Hearing will be set within 10 days of the date of the Temporary Restraining Order is entered. At the FRO Hearing the parties present evidence both as to the allegations of domestic violence and as to the need for an injunctive relief, such as spousal or child support, custody or visitation, and the need for substance testing or counseling. The judge may order a risk assessment as well at this time. In order for a Final Restraining Order to be entered the judge must find there was a predicate act, a prior history of domestic violence, and that a reasonable person would be in fear for their safety based on the totality of the circumstances. If the defendant or “aggressor” is found to have committed an act of domestic violence, a Final Restraining Order is entered and the aggressor is fingerprinted, and the order is registered in the state and national domestic violence database. Thereafter, consequences of a FRO include forfeiture of the defendant’s weapons and potential criminal charges if the defendant is charged with violation of the FRO. Moreover, once a FRO is entered it is on your record permanently and will follow you for the rest of your life. The only way to erase a restraining order from your record is to file and successfully argue on a motion to Dismiss the Restraining Order sometime in the future.
Mercer County Domestic Violence Attorneys
If you have been charged with domestic violence in Mercer County, New Jersey or in the surrounding area please feel free to contact our firm today. From our office, which is conveniently located in Princeton, we appear throughout the county including Hamilton, Lawrenceville, Hightstown, West Trenton, East Windsor, Princeton Boro, West Windsor, Hopewell and Robbinsville. This can be a frustrating time, so it is important to pick a law firm with a long history of success to help you. Give us a call today at (609) 683-8102 and one of our attorneys will be happy to speak with you.
We serve clients throughout Mercer County, New Jersey — including Trenton, Hamilton, Princeton Borough, West Windsor, East Windsor, Lawrence Township, Robbinsville, Hightstown, Princeton Township, Ewing and Hopewell — and surrounding areas, including Hunterdon County and Burlington County.