If you have a Temporary Restraining Order against someone in New Jersey based on domestic violence, you have very little time to prepare for the Final Restraining Order hearing where your abusor will have the opportunity to defend himself or herself in court. The law in New Jersey indicates that such hearings must take place within 10 days of the date that you obtained your Temporary Restraining Order, even though that time period is frequently extended for a short period to allow you and the defendant to retain attorneys and prepare for trial. After the trial, a judge will decide whether to dissolve your Temporary Restraining Order or to grant you a Final Restraining Order against the defendant.
To obtain a Final Restraining Order in New Jersey based on domestic violence, you must prove two things. First, you must convince the judge that the defendant committed at least one act of domestic violence against you. On the first page of your Temporary Restraining Order is a list of 18 different acts of domestic violence, and you must prove that your abusor committed any one of the acts that you selected. Also on the first page of your 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 the defendant did that amounts to the act or acts of domestic violence that you suffered. This section as well as your selection of acts of domestic violence are very important; if you do not properly select the acts of domestic violence that you suffered or describe them sufficiently, then you will not be able to successfully prove your case before the judge.
The second element that you 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 you 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 you have 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 you suffered from the defendant. This section is as important as the one where you describe the most recent act of domestic violence your abusor committed against you because even if you show that the defendant committed domestic violence, you will not obtain a Final Restraining Order if you cannot show that you need one to protect you 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 you intend to raise any prior history of domestic violence in court at the trial, you 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 victims of domestic violence, including women and men, obtain Final Restraining Orders against their abusors 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 obtain FROs against children, brothers and sisters obtain Final Restraining Orders against siblings, and even roommates obtain orders of protection. Before the hearing, we review the TRO obtained and advise whether you need to amend it so that all information, facts, and acts of domestic violence are properly included to maximize your chances of success at the hearing.
The outcome of your domestic violence case can have lasting effects on you and your family, and not just for safety and protection. 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.