Defend Against a Final Restraining Order

If someone obtained a Temporary Restraining Order against you in New Jersey based on domestic violence, you have very little time to prepare for the Final Restraining Order hearing where you will have the opportunity to defend yourself in court. The law in New Jersey indicates that such hearings must take place within 10 days of the date of the Temporary Restraining Order, even though that time period is frequently extended for a short period to allow you and the plaintiff to retain attorneys and prepare for trial. After the trial, a judge will decide whether to dissolve the Temporary Restraining Order or turn it into Final Restraining Order against you.

To obtain a Final Restraining Order in New Jersey based on domestic violence, the plaintiff has to prove two things. First, they have to convince the judge that you committed at least one act of domestic violence. On the first page of the Temporary Restraining Order against you is a list of 18 different acts of domestic violence, and the plaintiff must prove that you committed any one of the acts that are selected. Also on the first page of the Temporary Restraining Order, above the list of 18 checkboxes listing the different acts of domestic violence recognized in New Jersey, is a section that should state what plaintiff claims you did that amounts to the act or acts of domestic violence that he or she suffered. This section as well as the selection of acts of domestic violence are very important; if the plaintiff does not properly select the acts of domestic violence that he or she suffered or describe them sufficiently, then they cannot successfully prove their case against you before the judge. If the judge were to consider acts of domestic violence that are not on the TRO, then it would deprive you of a full and fair opportunity to defend against them. This is why the plaintiff must properly indicate his or her claims against you on the Temporary Restraining Order

The second element that the plaintiff must establish to obtain a Final Restraining Order in New Jersey based on domestic violence is that an order of protection is needed to protect him or her from either imminent danger or future acts of domestic violence. In considering this factor, the judge must consider any prior history of domestic violence, including those that the plaintiff has not reported. On the first page of your Temporary Restraining Order, below the list of 18 checkboxes listing the different acts of domestic violence recognized in New Jersey, is a section that should state the prior history of abuse that the plaintiff claims you committed. This section is as important as the one that describes the most recent act of domestic violence the plaintiff claims you committed because even if the judge is convinced that you committed domestic violence, the plaintiff will not obtain a Final Restraining Order if he or she cannot show that one is needed for protection from imminent danger or future acts of domestic violence. That is not to say that there always needs to be a prior history of domestic violence to obtain a Final Restraining Order because some acts are so egregious and serious that their commissions warrant an order of protection without any prior abuse; however, if the plaintiff intends to raise any prior history of domestic violence in court at the trial, out of fairness to you, the plaintiff must indicate those events on the Temporary Restraining Order in sufficient detail.

The Law Office of Rajeh A. Saadeh, L.L.C., has helped numerous individuals accused of domestic violence, including women and men, defend against the issuance of Final Restraining Orders in numerous counties throughout New Jersey. In addition to current or former significant others, such as husbands, wives, boyfriends, and girlfriends, our office has helped parents defend against FROs from children, brothers and sisters defend against the issuance of Final Restraining Orders against siblings, and even roommates defend against orders of protection. Before the hearing, we review the TRO obtained and advise the likelihood that the plaintiff will obtain a Final Restraining Order and how best to defend against it, including by exploring the real reason why the plaintiff wants an FRO. These reasons include to obtain an advantage in child custody disputes, get you out of a home that you both previously shared, or even for immigration purposes.

The outcome of your domestic violence case can have lasting effects on you and your family, including your freedom to own a firearm or gun, travel implications, and respecting your current and future employment. That’s why it’s important to hire an attorney you can trust to aggressively fight for your rights. The Law Office of Rajeh A. Saadeh, L.L.C., has domestic violence attorneys with the experience, skill and dedication to help with your domestic violence case. We are located in Somerville, NJ, and serve clients in all New Jersey counties, including Somerset, Middlesex, Union, Hunterdon, Warren, Bergen, Essex, Hudson, Sussex, Morris, Mercer, Monmouth, and Passaic counties.

Call us at 908-864-7884 or complete and submit the contact form on our website to receive a call back.