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How to Fight a Restraining Order in New Jersey

If you are a target of the temporary restraining order issued by the New Jersey court, then this article is for you. You need to act quickly to not ma

If you are a target of the temporary restraining order issued by the New Jersey court, then this article is for you. You need to act quickly to not make this temporary order a permanent one. You cannot do anything except for fighting the order because the final order can deprive you of your home and children, your possessions, or you might even have to pay the child support. If you are stuck in such a situation, a New Jersey restraining order defense lawyer is going to be your last resort.

It is easy to obtain a restraining order

A restraining order or a protective order is majorly passed through a judge’s decree. It helps an individual to avoid contact with another individual and maintain their distance. This is normally issued in response to the allegations and charges of domestic violence. The alleged victim is saved by putting certain restrictions on the alleged perpetrator. In most cases, the requests for temporary restraining orders are granted. There must be enough evidence produced to receive a TRO. The defendant’s weapons are instantly seized and they have to follow certain guidelines.

What are the penalties for violating the order?

You need to abide by the TRO or the FRO that are issued in your name. It is considered contempt of court if you violate a restraining order, which is a fourth-degree offense that can lead up to punishments for up to 18 months or a fine of $10,000. If an individual willfully violates the TRO in a manner that seems extremely violent, the petition for the final restraining order will also be granted. Also, a FRO can be renewed based on the violations that are observed.

How can an attorney help you?

The process of obtaining a temporary restraining order is pretty automatic in the New Jersey courts. However, the petitioner needs to obtain a bundle of proof before applying for the final restraining order (FRO). Certain demonstrations are needed to be made like:

  • The defendant has committed acts of domestic violence.
  • The defendant has a history of domestic violence.
  • The petitioner has reasonable fear against the defendant for they may repeat their acts in the future.

The cases of FRO and TRO can get much complicated and beyond your scope. Therefore, having a trusted attorney is a good decision, to begin with, and get things sorted.