Final Restraining Order Attorneys Bergen County, NJ
Representing NJ Clients With All Restraining Order & Domestic Violence Matters
Abuse comes in many forms, including physical, emotional, and psychological. When the party committing this abuse has a specific relationship to the victim, it is considered a domestic violence situation, and may result in a variety of legal actions and consequences, including temporary and final restraining orders.
Because final restraining orders in New Jersey are permanent legal actions which can only be removed under very specific circumstances, it is highly recommended that you retain the counsel of an experienced restraining order attorney to represent your needs, interests, and rights during the final restraining order hearing process.
The experienced family law attorneys of Townsend Tomaio & Newmark take pride in protecting victims of domestic abuse, as well as individuals who have been falsely accused of domestic violence, in towns across New Jersey and Bergen County, including Ridgewood, Hackensack, Paramus, Teaneck, and Fort Lee.
NJ Restraining Order Attorneys Define “Final Restraining Orders”
As per the Prevention of Domestic Violence Act, a final restraining order (FRO) is a permanent order which prohibits the defendant from physical contact with the plaintiff, certain family members, and any kind of harassment of the plaintiff. A final restraining order entered against a defendant will also prevent him or her from owning any kind of firearm, from working for federal or state agencies, and will also place their name on a national police registry of domestic violence offenders.
In addition to physical and harassment protection, there are other stipulations of FROs.
- Even if both parties desire to reconcile and seek counseling or mediation, they are legally prohibited from doing so
- The defendant will be prohibited from possessing weapons
- The defendant may be prohibited from having any oral, written, or electronic form of contact with the plaintiff (this includes having other individuals harass the victim on behalf of the defendant)
- The defendant may be ordered to relinquish custody of children
- Child Support or other forms of financial support may be offered on an emergency basis to cover costs for the victim
Considering that New Jersey final restraining orders are permanent legal actions which can only be dissolved by a court decision in a formal hearing, it is extremely important that you are legally represented during your final restraining order hearing to secure whichever kind of outcome makes the most sense for you and your situation.
NJ Domestic Violence Lawyers Successfully File FROs
The first step in qualifying for an NJ Final Restraining Order is filing for a temporary restraining order. Domestic complaints can be filed at the Superior Court/Family Division on weekdays from 8:30 a.m. – 3:30 p.m. After hours, complaints can be filed with the local police.
After filing a temporary restraining order, the court will set a final restraining order hearing date. At that final restraining order hearing, the plaintiff must show that the defendant is guilty of one of the following under the New Jersey legal definition of Domestic Violence-
Directly from the PDVA act of 1991:
“Homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order and any crime involving risk of death or serious bodily injury and cyber harassment”
Proving that the victim is guilty of one of these crimes will result in an executed FRO. Failure to do so will result in a judge dismissing the order. Work with our experienced family attorneys to ensure your family’s safety in such serious matters.
What if I Have Been Falsely Accused of Domestic Violence?
If a temporary restraining order has been filed against you, it is critical that you defend yourself to maintain your legal standing, rights, and in many situations, your right as a parent. Oftentimes, false accusations are made to get revenge on an estranged partner, or as a form of intentional parental alienation.
For an FRO to be ultimately filed against you, the claimant must prove that you have participated in one of the above activities such as kidnapping or sexual assault. Critically, however, FRO hearings are not criminal hearings, meaning the standard of proof is lower than it would be in a criminal case.
Unfortunately, even if you are innocent of the domestic violence accusations, that may not be enough. Contact our domestic violence and restraining order attorneys to protect your legal rights if an FRO has been filed against you.
Contact Our Hackensack Final Restraining Order Lawyers Today
At The Law Office of Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients with any and all matters related to domestic violence and temporary or final restraining orders. Our firm practices exclusively family law, which allows us to provide each of our clients with the knowledgeable, effective, and compassionate legal counsel that they need and deserve in matters so critical to their financial, legal, and parental futures. Whether you are in need of legal protection from an abuser, or have been falsely accused of domestic violence and have had a temporary or final restraining order placed against you, our office is ready to represent you and your interests, and provide you with the experienced legal counsel you need and deserve.
To speak with our attorney team today in a free and confidential consultation regarding any needs, concerns, or issues you may have with a final restraining order, contact our office today.