RESTRAINING ORDER ATTORNEY IN ELIZABETH NEW JERSEY
The Law Office of Charles Dawkins Jr. LLC located in Elizabeth, NJ. has experience representing victims who want to file Restraining Orders in Elizabeth, NJ., and representing Defendants in Permanent Restraining Order Hearings.
The Attorney has been practicing law for over 20 years. The Attorney has an office located in Elizabeth, NJ.
HOW DOES A VICTIM OF DOMESTIC VIOLENCE APPLY FOR A RESTRAINING ORDER IN ELIZABETH NJ?
The entire State of NJ Criminal Defense Attorney's use N.J.S.A. 2C:25-28 when interpreting the procedures to file a Restraining Order. N.J.S.A. 2C:25-28 explains in relevant part that a victim of domestic violence in Elizabeth, NJ. files the complaint with the Family Part of the Chancery Division of the Superior Court located in Elizabeth NJ. . Moreover, the victim may also file a Complaint of domestic violence in NJ. criminal Court. 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. 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 defendant are 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 ELIZABETH 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 defendant 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 may need to stay in a hotel or with relatives or friends if he is married or cohabitates with the victim. 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 AN ATTORNEY 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, legal counsel is advisable.
Moreover, the law provides for simultaneous criminal proceedings and domestic violence 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 DEFENDANT OF A RESTRAINING ORDER
The Law Office of Charles Dawkins Jr. has represented victims and defendants in Restraining Order Hearings. Please contact the Law Office of Charles Dawkins Jr., LLC, for legal representation at (908) 962-9929 Restraining Orders may involve Family Court, Criminal Court, and Municipal Court. The Law Office of Charles Dawkins Jr. LLC has experience regarding restraining orders for all three courts. These matters can be life-altering and effective legal counsel is necessary.