Toms River Final Restraining Order Defense Attorneys

Facing A Final Restraining Order Hearing at the Ocean County Superior Court in Toms River? Our law firm is comprised of former county and municipal prosecutors and our Toms River Office is located directly across from the Courthouse. We can help you win your hearing.

When a judge issues a temporary restraining order, a date is also set for a final restraining order hearing. The purpose of this hearing is to decide whether or not the restraints, including the requirement that their be no contact between the parties, should become permanent. Under the New Jersey restraining order law, this hearing is to take place within ten (10) days of issuance of the TRO. This proceeding is the time and place when the defendant gets a chance to tell his or her side and present any and all evidence that they believe warrants a dismissal of the restraining order. Since the hearing to determine whether a final restraining order should be granted occurs so quickly and is the only opportunity for the defendant to defeat permanency of the restraints, it is imperative that an individual act swiftly to prepare for the hearing. And this proceeding clearly is not something that should be approached without an experienced defense lawyer. This is your only opportunity to get relief from the restraints and, if you lose, your new way of life shall become permanent as a final restraining order will be put in place. Don’t make the mistake that we hear so often that you walked into court without an attorney and are seeking to vacate the final order after the fact. It is almost always too late at that point. Give our Toms River Criminal attorneys a call anytime 24/7 for the sound legal advice you need.

What is the Process at a Final Restraining Order Hearing?

All final restraining order hearings are conducted at the Family Division of the Ocean County Superior Court in Toms River, New Jersey. Presiding over this hearing will be a Family Court Judge and all issues of both fact and law shall be decided by him or her; this is no right to trial by jury. The job of the judge is to determine whether an act of domestic violence took place and, if so, whether or not a final restraining order is necessary to insure that it does not happen again. Before arriving at a decision, the Judge conducts a full contested hearing where both sides have the opportunity to present their evidence. It is important to keep in mind that since so much comes down to credibility of the parties in these proceedings, an effective cross-examination of the plaintiff tends to be invaluable in order to prevail. What you should also know is that the standard of proof is only a preponderance of the evidence and not the criminal standard of beyond reasonable doubt. This means that it is much easier for someone to obtain a final restraining order then prove any underlying criminal offense. These are but two considerations to keep in mind concerning the hearing to determine whether you will permanently be barred.

What are the Grounds for a Permanent Restraining Order?

As previously stated, the judge must find, based on a preponderance of the evidence (e.g. there is a better chance that it happened than it did not), that the victim was the victim of domestic violence. N.J.S.A. 2C:25-19 sets forth conduct that constitutes “domestic violence” and includes the following:

• Simple Assault
• Aggravated Assault
• Burglary
• Criminal mischief
• Stalking
• Lewdness
• Sexual assault
• Terroristic threats

This is what is commonly referred to as a predicate act under the New Jersey Prevention of Domestic Violence Act. If the court finds the evidence insufficient to establish a predicate act then the restraining order is dismissed. If, however, the court finds there was an act of domestic violence then there is another issue that must be decided by the judge before a final restraining order shall issue. The second requirement, which is almost always present if a predicate act exists, is whether continuation of the restraints is necessary to insure the protection of the defendant. This largely comes down to whether or not the court believes that the victim is in reasonable fear this reoccurring.

Toms River NJ Final Restraining Order Hearing Defense Attorneys

As you can see, a permanent restraining order can have a catastrophic impact on your way of life. You cannot return to your home, your time with your children will be regulated, and you can get arrest as a result of nothing more than a telephone call to police by the “victim” claiming that you made contact. Naturally, no one wants to be subjected to these ramifications. Your best resource for avoiding this pitfall is to find the most skilled lawyer to represent you at the hearing to determine whether or not the temporary restraining order should become final. Give us a call as we know our defense attorneys can make a difference. An attorney can be reached now and around the clock at 732-286-6500.

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