Paterson NJ Defense Lawyers
One of the biggest mistakes repeatedly encountered by our Passaic County criminal lawyers involves calls from individuals who have tried to defend a restraining order on their own without an attorney and now want our help. Although our lawyers can attempt to provide assistance after the fact, the truth is that the odds of success after a final order has already been issued are slim. You have one real chance to present your case and it is one of the more foolish things people do when they walk into a Passaic County Superior Court in Paterson for a final restraining order hearing without a lawyer. No one wants to be arrested whenever a disgruntled domestic partner decides to call the police nor do they want to be subject to the ramifications associated with law enforcement, employers, etc., seeing a record of a domestic violence order restraining you. Give us a call now for a free initial consultations before you make a potentially foolish decision. Here is some important information you want to know about a restraining order.
How Does Someone Obtain a Restraining Order?
Typically, a restraining order arises out of some form of police encounter after a domestic disturbence. If someone was allegedly assaulted by another member of the household, then police are generally required to make an arrest. The “victim” is usually given the option to seek a restraining order at that time. If they opt to seek this relief, the municipal court judge is called and must listen to the victim’s story to decide whether there are grounds to believe that an incident of domestic violence occurred and that the victim is at risk of harm. If such a finding is made by the judge, a temporary restraining order is executed. This order can also arise following a victim visiting the Superior Court in Paterson and filing for a temporary order. This application is reviewed by a Family Part judge and, if the requisite facts are found, an initial restraining order may be executed in this manner as well.
When & Where Do I Get to Tell My Side of the Story?
A date for a formal hearing, referred to as a Final Restraining Order Hearing, is usually set at the time of execution of the temporary. At that hearing, which takes place at the County Court in Paterson, each side has the opportunity to plead their case before a Supeiror Court Judge. Police officers, other family members or independant witnesses may also be called to present testimony. Other evidence like telephone bills, emails, and text messages may also be presented into evidence although the rules for admission of these items into evidence can become technical as the hearsay rules apply to bar this information unless certain legal requirements are met. In any case, a decision is made at the conclusion of the hearing as to whether the temporary order should become final.
What Happens if I Lose?
If a defendant loses at the aforesaid hearing, a Final Restraining Order is executed. This Order imposes a permanent legal bar between the defendant and the “victim”. This prevents the parties from having any contact or relationship, and typically even prohibits any communication of any kind. If contact is made, the defendant may be charged with a separate crime for a Restraining Order Violation.
What should be clear from this information is the fact that restraining orders are taken extremely serious by both police and the courts. It you are the subject of a restraining order, it is absolutely nothing to toy around with on your own in our judgment. It is the potential start of a downward spiral that no one should unnecessarily have to endure. So give yourself the best opportunity of avoid a restraining order disaster and call a lawyer immediately. The attorneys on our defense team are highly experienced and are ready to assist you with a free initial consultation. Give us a call anytime 24/7.