Restraining Orders & Domestic Violence in Phillipsburg NJ
Phillipsburg Domestic Violence Lawyers
A victim of domestic violence in Phillipsburg, New Jersey is eligible to file for relief under New Jersey’s Prevention of Domestic Violence Act. This relief may occur in the form of a restraining order. While there are two different kinds of restraining orders in New Jersey, all cases begin with the same type of restraining order, which is known as a TRO, or temporary restraining order. There are some key differences between a temporary restraining order and a final restraining order, but both of these are intended to provide a victim protection if they have already been subjected to abuse at the hands of a person whom they are or were dating, who lives or lived in their same household, or whom they will shortly share a child with or already share a child with.
If you have been threatened, stalked, or attacked by anyone who meets the term of household member, romantic partner, sibling, parent, or another domestic violence relation, this can prompt a request for restraining order protection. On the other hand, if you are a person falsely accused of domestic violence in the form of simple assault, sexual assault, criminal mischief, burglary, or another act, you may face severe consequences in the form of a restraining order and criminal charges. Regardless of the situation, you should seek knowledgeable legal counsel from an experienced Phillipsburg domestic violence attorney who knows how to help you navigate through the legal process ahead. To discuss your restraining order case in Phillipsburg, simply call 973-755-1695 for a free consultation with a knowledgeable lawyer or contact us online today.
Restraining Orders for Victims of Domestic Violence in Phillipsburg, New Jersey
It is important to know what to expect if you are a victim of domestic violence who needs to file for a restraining order, or you have been accused in one in Phillipsburg NJ. A temporary ex parte restraining order can be issued immediately by the court upon a victim’s request for an order of protection. The term ex parte means that a victim can initiate the request for a TRO on their own and that the judge will make a decision only on the information provided by the victim, rather than any input from the accused party. When determining whether or not a TRO will be issued, the judge evaluates whether or not a temporary restraining order is critical for protecting the victim’s health, life, or wellbeing, which is at risk due to the defendant. A TRO can also be issued in cases in which the victim cannot be physically present in court, including based on your sworn testimony or a complaint; or the sworn testimony or a complaint of an individual who represents the victim if he or she is authorized to take action on their behalf, such as a person who has been appointed under a power of attorney for someone who is physically or mentally incapable of doing so.
After a temporary restraining order has been issued, it will remain in place until the scheduling of the final restraining order hearing. The TRO stays active until another action occurs in the case, such as the victim requesting that the TRO be dismissed, or the defendant proving that there is no need for a restraining order, all of which may occur at a final hearing. Basically, a TRO does not become an FRO until a final restraining order hearing is held and the victim proves their case by a preponderance of evidence. Typically, the hearing for a possible final restraining order is scheduled within 10 days of the issuance of the TRO. When the case arises in in Phillipsburg, New Jersey, this hearing is held in the Warren County Superior Court, Family Division, in Belvidere, NJ
During any final restraining order hearing, both parties will be able to tell their side of the story, which makes this distinct from the temporary restraining order process. The accused will be notified of the issuance of the temporary restraining order, which must be served upon them, and be able to show up and present evidence on their behalf. You will both be able to present witnesses, evidence, and testimony at the final restraining order hearing, and an experienced lawyer handling restraining order trials can prove instrumental when you want to present the best case. At the conclusion of the final hearing, the judge might decide to grant a final restraining order. Final restraining orders in Phillipsburg and throughout Warren County and New Jersey do not have end dates, meaning that they can last forever or until one of the parties files a court legal motion requesting that the judge modify or remove the restraining order and the judge agrees to grant this request.
How do You Get a Restraining Order in Phillipsburg NJ?
Typical courthouse hours provide an opportunity for victims of domestic violence in Phillipsburg to request restraining orders. This is true in both Phillipsburg Municipal Court and Warren County Superior Court, but you can also file at the Phillipsburg Police Department if you need immediate protection. Temporary restraining orders can still be requested if and when the courts are closed, and municipal court judges are frequently posted on call to be able to issue a TRO and schedule the final restraining order hearing. If you need urgent help as a victim today, contact the Domestic Abuse & Rape Crisis Center at 908-453-4181 or their office in Washington NJ.
Contact Restraining Order Attorneys in Phillipsburg NJ
If you or someone you know has been a victim of domestic violence, consider getting help from an attorney who can help you secure a permanent order of protection. Conversely, if you have been accused, take your case seriously and consult with an experienced domestic violence defense attorney who knows how to zealously defend you in court. Our local law office is here to provide free consultations for questions regarding domestic violence and restraining orders in NJ, and we frequently appear on behalf of plaintiffs and defendants in these cases in Warren County. Contact us at 973-755-1695 for a free consultation with a Phillipsburg domestic violence lawyer now.