(Newswire.net — November 29, 2022) — If a New Jersey court has issued a temporary restraining order against you, you must move immediately to try to prevent the decision from becoming a permanent one. If you don’t challenge the restraining order in New Jersey, the judge’s ultimate protective order can deny you access to your house and kids, take your possessions away from you, and order you to make child support payments. Furthermore, if someone threatens to file a restraining order against you, you should get professional legal advice right away.
But, what exactly is a restraining order? Well, it is often known as a protection order. It is a court order that prohibits one person from contacting and remaining near another.
When domestic violence allegations are made in New Jersey, restraining orders are imposed. By imposing constraints on the alleged offender, or defendant, they are intended to safeguard the alleged victim of domestic assault.
Temporary restraining order (TRO) requests are typically approved
A police officer may ask for a TRO against the defendant if the suspect is taken into custody on allegations of domestic violence.
When requesting a protection order, an alleged victim of domestic violence has to provide some convincing proof that they were physically harmed or threatened.
A police officer in New Jersey is required to serve the defendant with the TRO as soon as it is issued. The officer is required to take custody of all firearms that the defendant is in possession of, as well as any licenses or permits that allow for the purchase of firearms.
A TRO may call for the following from the defendant, at the judge’s discretion:
- Refrain from going back to the alleged violence’s location or any other places, like the petitioner’s house or place of business.
- Allow the petitioner to take ownership of their house
- Give the petitioner interim custody of the children.
- Pay the requesting party’s interim child support
- Avoid making direct or indirect contact or communicating with the petitioner or the petitioner’s family members by phone, text, email, or any other means.
- Pay the plaintiff’s medical bills for any injuries that the defendant is held accountable for.
When a court issues a TRO, it sets up a hearing within ten days so that the judge can determine whether to turn the order into a permanent one (FRO).
A FRO can be extended beyond its initial year of operation. The hearing will be announced to the defendant. If you want to fight a FRO, you must hire a qualified criminal defense attorney and show up to the hearing.