Paterson NJ No Contact Order Defense Lawyer
If a domestic violence complaint is filed and the related relief is granted by the court, a temporary restraining order is filed. This order remains in effect until such time as a final restraining order hearing may be conducted. This hearing takes place within approximately one week of execution of the temporary order at the Passaic County Courthouse in Paterson NJ. The hearing is presided over by a Superior Court Judge sitting in the Family Division. There is no right to a jury and, instead, all factual and legal issues are decided by a single person – the judge presiding over the Final Restraining Order Hearing. Given the nature of this proceedings, it is crucially important in our view that a seasoned attorney be at your side if you are facing a permanent restraining order. The defense team at our firm, The Law Offices of Jonathan F. Marshall, has over 100 years of experience to insure that you achieve the result you deserve. Give us a call to discuss how our lawyers can help. We hope you find the following information of assistance.
What Can Be Ordered If You Lose?
There is a wide range of relief that a Superior Court judge may grant at the conclusion of a Final Restraining Order Hearing. The most obvious ramification of a loss is the permanency of the restraints against the parties having contact or residence with one another. The plaintiff is almost always awarded exclusive possession of the domestic residence if the restraining order becomes final. Other items that may be awarded include spousal support, child support, possession of personal property such as vehicles, etc., and attorneys fees. The court often also requires anger management and/or psychiatric evaluation where the facts support such a directive (e.g. history of domestic assault).
Burden of Proof & Factors Considered. The standard of proof is the same one that applies to a civil case – a proponderance of the evidence. This is important to consider because all this means is that the judge believes that something is more likely than not to be the way it is proposed by the plaintiff. The criminal standard of proof, beyond reasonable doubt, does not apply in a Final Restraining Order Hearing. What this means is that it is not very difficult for a plaintiff to prove his or her case, making proper presentation of defenses that much more important. In terms of factors that may be considered by the court in the hearing, they include: prior history, if any, of domestic violence between the parties, best interests of the victim and children; existence of immediate danger; financial ramifications; custody and visitation issues; and the existence of any prior orders between the parties.
