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Toms River Final Restraining Order Defense Attorneys

Facing A Final Restraining Order Hearing at the Ocean County Superior Court in Toms River? Our law firm is comprised of former county and municipal prosecutors and our Toms River Office is located directly across from the Courthouse. We can help you win your hearing.

When a judge issues a temporary restraining order, a date is also set for a final restraining order hearing. The purpose of this hearing is to decide whether or not the restraints, including the requirement that their be no contact between the parties, should become permanent. Under the New Jersey restraining order law, this hearing is to take place within ten (10) days of issuance of the TRO. This proceeding is the time and place when the defendant gets a chance to tell his or her side and present any and all evidence that they believe warrants a dismissal of the restraining order. Since the hearing to determine whether a final restraining order should be granted occurs so quickly and is the only opportunity for the defendant to defeat permanency of the restraints, it is imperative that an individual act swiftly to prepare for the hearing. And this proceeding clearly is not something that should be approached without an experienced defense lawyer. This is your only opportunity to get relief from the restraints and, if you lose, your new way of life shall become permanent as a final restraining order will be put in place. Don’t make the mistake that we hear so often that you walked into court without an attorney and are seeking to vacate the final order after the fact. It is almost always too late at that point. Give our Toms River Criminal attorneys a call anytime 24/7 for the sound legal advice you need.

What is the Process at a Final Restraining Order Hearing? All final restraining order hearings are conducted at the Family Division of the Ocean County Superior Court in Toms River, New Jersey. Presiding over this hearing will be a Family Court Judge and all issues of both fact and law shall be decided by him or her; this is no right to trial by jury. The job of the judge is to determine whether an act of domestic violence took place and, if so, whether or not a final restraining order is necessary to insure that it does not happen again. Before arriving at a decision, the Judge conducts a full contested hearing where both sides have the opportunity to present their evidence. It is important to keep in mind that since so much comes down to credibility of the parties in these proceedings, an effective cross-examination of the plaintiff tends to be invaluable in order to prevail. What you should also know is that the standard of proof is only a preponderance of the evidence and not the criminal standard of beyond reasonable doubt. This means that it is much easier for someone to obtain a final restraining order then prove any underlying criminal offense. These are but two considerations to keep in mind concerning the hearing to determine whether you will permanently be barred.

What are the Grounds for a Permanent Restraining Order? As previously stated, the judge must find, based on a preponderance of the evidence (e.g. there is a better chance that it happened than it did not), that the victim was the victim of domestic violence. N.J.S.A. 2C:25-19 sets forth conduct that constitutes “domestic violence” and includes the following:

This is what is commonly referred to as a predicate act under the New Jersey Prevention of Domestic Violence Act. If the court finds the evidence insufficient to establish a predicate act then the restraining order is dismissed. If, however, the court finds there was an act of domestic violence then there is another issue that must be decided by the judge before a final restraining order shall issue. The second requirement, which is almost always present if a predicate act exists, is whether continuation of the restraints is necessary to insure the protection of the defendant. This largely comes down to whether or not the court believes that the victim is in reasonable fear this reoccurring.

Toms River NJ Final Restraining Order Hearing Defense AttorneysAs you can see, a permanent restraining order can have a catastrophic impact on your way of life. You cannot return to your home, your time with your children will be regulated, and you can get arrest as a result of nothing more than a telephone call to police by the “victim” claiming that you made contact. Naturally, no one wants to be subjected to these ramifications. Your best resource for avoiding this pitfall is to find the most skilled lawyer to represent you at the hearing to determine whether or not the temporary restraining order should become final. Give us a call as we know our defense attorneys can make a difference. An attorney can be reached now and around the clock at 732-286-6500.Additional Toms River Resources On This Site

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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