Prepping for a final restraining order hearing in NJ
After receiving a temporary restraining order (TRO) in New Jersey, it is okay to feel strained and overwhelmed. The good news is you can fight the TRO at the final hearing, which will happen within the next ten days. At the final restraining order hearing, you get to present evidence, witnesses, and other details, which can help prove that the plaintiff’s fears are unfounded and there’s no need for a FRO. A skilled attorney can help review your case and determine the line of defense. Top firms in NJ like Lento Law Firm ensure that clients get all the support that they need for dealing with the situation. Here’s what you need to know about the final hearing.
Understanding TROs in detail
The alleged victim of domestic violence can get a TRO against you, and the process is not complicated. If the plaintiff doesn’t appear for the hearing, the TRO will be dismissed. If not, the final restraining order (FRO) hearing will proceed as per the norms. Such hearings happen at the New Jersey Superior Court before a judge. There is no jury involved, and the judge has the discretion to either order a FRO or dismiss the TRO.
How do FRO hearings happen?
On the day of the FRO hearing, you are required to be present in person. Before the judge can pass a FRO, they will consider all aspects. It must be established that the parties involved in the matter share a qualified domestic relationship, and the plaintiff must prove that the defendant has committed an act of violence. This could include harassment, making threats, assault, stalking, kidnapping, and burglary. Witness testimonies would be heard, and all relevant evidence would be submitted by both parties.
You need a criminal defense attorney
No matter whether you have committed the alleged act of domestic violence or not, you should contact a criminal defense attorney and ensure that you discuss all relevant aspects of the case. Because the clock is ticking, hiring an attorney is your best bet for building a good case. Criminal defense attorneys use different strategies for different cases. Your lawyer could prove that the alleged incident was unintentional or an act of self-defense. In some cases, it could be a case where the plaintiff’s testimony in court is different than what they said to the police.
Your lawyer can defend you aptly as the burden of proof is on the plaintiff.