East Brunswick Attorneys for Restraining Orders

TRO in East Brunswick

After the determination of the plaintiff’s eligibility, the court judge or domestic violence hearing officer will review the case and order the TRO. Our Middlesex County divorce attorneys can help you navigate the New Jersey legal system and uphold your rights throughout the process.

After the TRO is issued, the police will serve it on the defendant, who will also be notified of the date of the hearing. This is usually set for 10 days after the TRO is issued. The police will also confiscate all firearms in the defendant’s possession, and will require the defendant to avoid contacting or interacting with the plaintiff.

If the defendant shares the same residence as the plaintiff, the defendant will need to move out and live somewhere else until the hearing, without exception. The TRO will stay in place until a judge orders its removal, extends it, or replaces it with a final restraining order.

Final Restraining Orders

Final restraining orders (FROs) are permanent replacements of TROs. They are usually issued at the final hearing, which is 10 days after the TRO is issued. A violation of an FRO is a criminal offense under New Jersey law, and is punishable by a mandatory arrest for a first offense. A second violation of an FRO requires a minimum of 30 days in jail.

Final restraining orders provide a number of protections to victims of domestic violence, including:

• Protection from future abuse
• Temporary custody of children
• Temporary possession of personal property
• Therapy and counseling
• Financial support for rent and mortgage payments

FROs also prohibit the defendant from owning firearms and from contacting the plaintiff in any way, including by phone calls, emails, or in-person communication. Once the FRO is issued, the police will fingerprint and photograph the defendant.

Furthermore, the defendant will have to pay a fine of $50 to $500, depending on the situation. The FRO will stay in effect until a court dissolves it, or until the plaintiff asks for its removal. However, if the plaintiff asks to remove the FRO, the judge will conduct a thorough interview to determine whether or not the plaintiff will be safe without the FRO in effect.

Who Can File Restraining Orders in NJ?

Under the New Jersey Prevention of Domestic Violence Act, people who are 18 years or older can file for a restraining order. Furthermore, emancipated minors, and those who have suffered acts of abuse, may file for restraining orders against aggressors. Emancipated minors are those under the age of 18 who have either been married, have entered the military, are pregnant, have children, or are declared emancipated by a court or administrative agency.

By law, you may file a restraining order against:

• A current or former spouse
• The person you had a child with
• A current or former member of your household
• A person you have had a dating relationship with
• The person you are expecting to have a child with, if you are pregnant

If the person who is committing the acts of violence is under the age of 18, the court will not consider the case a domestic violence situation. Instead, it will consider it a juvenile delinquency case. At Rozin | Golinder Law, we have represented many clients against abusers. We can stand by your side and represent you and your saftey as you file for a restraining order.

Seek the Assistance of Our East Brunswick Restraining Orders Lawyers for Your Case

If you need to file a temporary or final restraining order against an abuser, our compassionate Middlesex County divorce attorneys are here to help. We can guide you through the legal process, help you file the necessary paperwork, and represent you in court hearings. We know this is an extremely stressful and emotional time. That is why our firm strives to guide you and provide personal service every step of the way.

Call our office today at (732) 810-0034 for tenacious representation as you seek a restraining order in New Jersey.