About Restraining Orders
New Jersey Criminal Defense Lawyer and Former Prosecutor Defending You From An Unfair Entry of A Restraining Order
Temporary Restraining Orders (TRO)
If a Temporary Restraining Order has been filed against you in New Jersey, contact our firm immediately at 908-955-7065. A person that you have had a prior relationship with in New Jersey has been given the power to have you removed from your home and family simply by obtaining a Temporary Restraining Order (TRO). All that is required is that they go to their local County Courthouse or police department and allege that certain “acts” constituting domestic violence have been committed by you in violation of the 1990 “Prevention of Domestic Violence Act”, N.J.S.A. 2C: 25-19. If a Judge finds that the alleged “victim” appears to be in danger of being the victim of continued acts of domestic violence, he or she will order a Temporary Restraining Order. Unfortunately, and (in many cases unfairly), you usually do not even know that the alleged victim is applying for a temporary restraining order until the police show up at your house to have you removed or arrested. Any firearms or other weapons in your possession are also seized and an entirely separate proceeding is required to get those weapons back.
Final Restraining Order Hearing (FRO), New Jersey: Domestic Violence Penalties
After a Temporary Restraining Order is issued against you, a Final Restraining Order Hearing must take place within ten (10) days of the filing of the domestic violence complaint and Temporary Restraining Order. N.J.S.A. 2C: 25-29. Many people make the mistake of consenting to the entry of a Final Restraining Order especially where they have no desire to have any future contact with the alleged victim. Entry of a Final Restraining Order, however, has far reaching implications that will affect your future. Once a final Restraining Order is entered against you, you are subjected to fingerprinting, N.J.S.A. 53:1-15, and the Administrative Office of the Courts maintains a central registry of all persons who have had domestic violence restraining orders entered against them, N.J.S.A. 2C: 25-34. Violation of a restraining order constitutes Contempt (2C: 29-9b.) and a second or subsequent non-indictable domestic violence Contempt offense requires a minimum term of thirty days imprisonment. N.J.S.A. 2C: 25-30.
If a Final Restraining Order is entered, you will not be able to possess a firearm or a firearms purchaser’s identification card nor will you be able to apply for a firearms purchaser’s identification card in the future. In all likelihood you will be prohibited from returning to your residence if it is also the residence of the alleged victim and you will have your ability to visit any children in common severely curtailed. The alleged victim (plaintiff) has the right to retain a lawyer for the Final Restraining Order and very often appears for the Final Restraining Order with a lawyer.
You Need An Experienced Lawyer: Do Not Do This Alone
The Final Restraining Order is your first and maybe only chance to be heard and to challenge the allegations of the alleged victim. Often times these allegations are false, misrepresented and misleading. You have the right to be represented by a lawyer at the Final Restraining Order Hearing. If you have been charged with the commission of an act of domestic violence and a Temporary Restraining Order has been entered against you, you need an experienced attorney immediately. Mr. Ware has had great success challenging the allegations made during these Final Restraining Orders resulting in numerous cases being dismissed. William D. Ware, Esq. has the skills and experience to effectively represent you. Let our experience work for you.
The Definition of “Domestic Violence”
Acts of “domestic violence” for restraining order purposes are defined in N.J.S.A. 2C:25-19 as the occurrence of one or more of the following acts inflicted upon a person protected by the domestic violence law:
- Homicide – N.J.S. 2C: 11-1 et seq.
- Assault – N.J.S. 2C: 12-1
- Terroristic Threats – N.J.S. 2C: 12-3
- Kidnapping – N.J.S. 2C: 13-1
- Criminal Restraint – N.J.S. 2C: 13-2
- False Imprisonment – N.J.S. 2C: 13-3
- Sexual Assault – N.J.S. 2C: 14-2
- Criminal Sexual Contact – N.J.S. 2C: 14-3
- Lewdness – N.J.S. 2C: 14-4
- Criminal Mischief – N.J.S. 2C: 17-3
- Burglary – N.J.S. 2C: 18-2
- Criminal trespass – N.J.S. 2C: 18-3
- Harassment – N.J.S. 2C: 33-4
- Stalking – N.J.S. 2C: 12-10
Contact Our Office Immediately
If you have had a Temporary Restraining Order filed against you, or if you have been charged with a domestic violence crime in the State of New Jersey, contact the Law Offices of William D. Ware, Esq., immediately at 908-955-7065.
Mr. Ware has the skills and experience to assess your case, cross-examine the alleged “victim” of domestic violence and advise you on a course of action that is best for you. Whether Mr. Ware is negotiating with the Prosecutor, opposing the entry of a Final Restraining Order, or defending your legal rights at a trial, he understands the system and how to make it best work for you.