RESTRAINING ORDER LAWYER REPRESENTATION IN NEWARK, NEW JERSEY
The Law Office of Charles Dawkins Jr. LLC has experience representing victims who want to file Restraining Orders. The Attorney has been practicing law for over 20 years. If a person is seeking a Restraining Order or is attempting to get a Dismissal during a Permanent Restraining Order (FRO) Hearing contact the Law Office of Charles Dawkins Jr. LLC (908) 962-9929
HOW DOES A VICTIM OF DOMESTIC VIOLENCE APPLY FOR A RESTRAINING ORDER IN NEWARK, NJ?
The process for filing a Restraining Order is the same for all jurisdictions within the State of NJ. The Criminal Defense Lawyers all practice according to the provisions in N.J.S.A. 2C:25-28 . N.J.S.A. 2C:25-28 explains in relevant part that a victim of domestic violence in Newark, NJ. files the complaint with the Family Part of the Chancery Division of the Superior Court located in Newark, NJ. . Moreover, the victim may also file a Complaint of domestic violence in Essex County Criminal Court or Disorderly persons in Newark, NJ. Municipal Court depending upon the basis for the Restraining Order. The Court will waive any requirement that the victim's current place of residence appears on the complaint. N.J.S.A. 2C:25-28 (b) The victim is not alone. If the victim fails to hire a N.J Criminal Defense Attorney, the Clerk of the Court or other person designated by the court will assist the victim or defendant in completing any forms necessary for the filing of the summons, complaint, answer, or other pleading. N.J.S.A. 2C:25-28 (c)(1)
The victim may provide information concerning firearms that the defendant has access to, including the location of these firearms, if known, on forms that the court will provide to the victim. N.J.S.A. 2C:25-28 (c)(3). The information will be confidential. When the domestic violence complaint is filed both the victim and the accused will be advised of any programs or services available for advice and counseling. N.J.S.A. 2C:25-28 (c)(e)
WHAT IS NECESSARY FOR THE JUDGE TO GRANT AN EMERGENCY TEMPORARY RESTRAINING ORDER (TRO) IN NEWARK, NJ.?
The victim may seek an emergency ex parte relief called a Temporary Restraining Order (TRO) A Judge may enter an Ex Parte TRO to protect the life, health, or well-being of a victim who seeks the TRO. N.J.S.A. 2C:25-28 (c)(f). Ex Parte means one party is present--the victim--the accused will not be present during the hearing.
The Judge may also issue a TRO if the Judge considers the victim to be in danger. N.J.S.A. 2C:25-28(g). Moreover, a Judge may issue a TRO upon sworn testimony or Complaint according to court rules or by a person who represents a person who is mentally or physically incapable of filing personally. The Judge will issue the TRO if the Judge is satisfied that immediate action exists and it is necessary to excuse the lack of appearance of the victim, and sufficient grounds for granting the TRO have been shown to the Court. N.J.S.A. 2C:25-28(h)
WHAT ARE THE POTENTIAL CONSEQUENCES FOR THE DEFENDANT WHO HAS A EMERGENCY TEMPORARY RESTRAINING ORDER AGAINST HIM?
The Defendant will be served with a TRO Order that may include the following restraints N.J.S.A. 2c:25-28(j):
- Forbidding the defendant from returning to the scene of domestic violence
- Forbidding the defendant from possessing any firearm or other enumerated weapon in the statute
- Ordering the search for and seizure of any firearm or other weapon at any location where the judge has reasonable cause to believe the weapon is located
- seizure of any firearms purchaser identification card or permit to purchase a handgun issued to the defendant
- The Judge may permit the defendant to the scene of domestic violence to pick up personal belongings but shall restrict the time and duration of such permission and provide for police supervision for the visit.
The defendant will be unable to return to the shared residence which may cause him/her to stay in a hotel or with relatives or friends. More importantly due to the TRO, the defendant may have to pick up the kids at the police station. The Law Office of Charles Dawkins Jr. LLC has defended Defendants accused of Domestic violence with TRO issued against them. A TRO against a Defendant is very burdensome and the person should seek legal counsel.
DO I NEED A NEWARK, NJ RESTRAINING ORDER CRIMINAL DEFENSE LAWYER FOR A PERMANENT RESTRAINING ORDER HEARING (FRO)?
The Law Office of Charles Dawkins Jr. LLC has represented victims seeking Permanent Restraining Orders (FRO) and Defendants seeking dismissal of restraining order Complaints. The Judge is the trier of fact and law. Consequently, the Judge can try the case without Attorneys. However, the consequences are significant for both parties. Consequently, the law office of Charles Dawkins Jr. LLC advises to seek legal counsel on all matters within the website. The website is for informational purposes, many details and consequences relate to Permanent Restraining Orders that should be discussed with an Attorney.
Moreover, in many cases, domestic violence cases have Criminal or disorderly persons matters being handled at the same time. The criminal court or municipal court is under no obligation to wait for the ending of restraining order proceedings. State v. Brown, 394 N.J. Super 492, 505 (App. Div. 2007) Both parties want the best possible outcome. Counsel has represented defendants that are charged with a crime in Criminal Court and simultaneously charged with a domestic violence restraining order in the Family Court.
The standard is different for Family courts and criminal courts, so understanding of the law as it relates to the underlying domestic violence charge and the law as it relates to the Permanent restraining order is necessary. Moreover, Final Restraining Orders (FRO) may affect custody and other issues if a divorce is likely to occur after the alleged incidents.
CONTACT THE LAW OFFICE OF CHARLES DAWKINS JR LLC FOR REPRESENTATION OF PLAINTIFF OR DEFENDANTS IN RESTRAINING ORDERS IN NEWARK, NJ.
Please contact the Law Office of Charles Dawkins Jr., LLC, for legal representation at (908) 962-9929 Restraining Orders and Domestic Violence are Serious matters that require a Newark, NJ. Criminal Defense Lawyer with knowledge and experience in Family Court, Criminal Court, and Municipal Court.