Temporary Restraining Order
Hackensack NJ Temporary Restraining Order Defense Lawyer
Experienced criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including Belleville, Newark, Wayne, Paterson, Lodi, and Hackensack, who have been charged with domestic violence related offenses such as aggravated assault, arson, and criminal sexual contact.
Ms. Hascup, is a former Morris County Assistant Prosecutor, who handled a host of domestic violence cases during the course of her distinguished career.
Involvement in a domestic violence or other related criminal incident which has resulted in the issuance of a Temporary Restraining Order (“TRO”) can have serious, lasting consequences. You need an experienced, aggressive domestic violence defense lawyer fighting on your behalf at both criminal proceedings and restraining order hearings.
Temporary Restraining Order (“TRO”) in New Jersey
A Municipal Judge or Family Part Judge may enter an ex parte (i.e., done by, for, or on the application of one party alone) order when necessary to protect the life, health or well-being of a victim if it appears that the victim is in danger of domestic violence upon sworn testimony or complaint, even if the victim is not physically present. N.J.S.A. 2C:25-28 and R. 5:7A.
Emergency ex parte relief may be granted upon good cause shown and may include any or all of the following:
a. Forbidding the defendant from returning to the scene of the domestic violence;
b. Forbidding the defendant from possessing firearms or other weapons;
c. An Order for the search and seizure of a weapons at any location where the Judge has reasonable cause to believe the weapon is located; and/or
d. Any other appropriate relief.
Issuance of a Temporary Restraining Order
When a TRO is granted, an Order will be completed and signed by the Judge. Copies will then be provided to:
a. The victim;
b. The law enforcement agency of the municipality where the victim resides or is sheltered; and
c. The law enforcement agency where the defendant resides or where the defendant will be served with the TRO.
(NOTE: The defendant must be physically served with a copy of the TRO and must sign a copy of the TRO for service to be deemed “complete.”)
A final hearing will then be scheduled within 10 days of the filing of the TRO in the County where the TRO was issued. The hearing will take place before a Judge of the Family Part – Superior Court. The parties can not be ordered to participate in mediation or negotiation in any respect, including child custody or visitation.
If a TRO is not granted, the Court will enter an Order reflecting that the domestic violence complaint is dismissed. (NOTE: This does not automatically dismiss any criminal complaint that may have been filed.)
Contact an Experienced Temporary Restraining Order Defense Lawyer today
Contact Alissa D. Hascup anytime for an initial consultation, which is always provided free of charge.