The Law Offices of Jonathan F. Marshall
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Defendants Rights Pending Final Hearing

Manalapan NJ Restraining Order Attorney

Our attorneys receive calls almost daily from individuals whose life has been turned upside down as a result of a temporary restraining order being put into place against them. The questions are relatively consistent, for example, where am I supposed to sleep, can I see my children, and what about my clothes and other personal property. While these are easy questions for an experienced domestic violence defense lawyer to answer, the absolute imperative is always that the defendant not engage in any contact with the plaintiff, his or her home, or place of business. Other than this prohibition, there are many rights that a defendant possesses until the final restraining order hearing is decided by the judge.

The Law Offices of Jonathan F. Marshall handles retraining orders filed in municipalities throughout Monmouth County, including Manalapan, Belmar, Wall, Red Bank, Tinton Falls and Shrewsbury. To speak to an experienced restraining order defense lawyer, call us at 732-450-8300. Initial consultations with the attorneys at our firm are free of charge.

Right to Appeal the Temporary Restraining Order. The Domestic Violence Act provides a defendant with the right to file an immediate appeal of the ruling made by the judge who issued the TRO.

Retrieval of Personal Property. The defendant has a right to obtain his or her personal property. In order to exercise this right, the defendant frequently needs to return to the marital or domestic home to obtain belongings like clothes, a computer, car, etc. The obvious problem with returning to this location is the fact that it would result in a contempt under the original restraining order. Notwithstanding, a return is customary but only with notice to and supervision by the police.

Discovery of Allegations Against the Defendant. Although restraining order proceedings are summary in nature, the court rules allow for limited discovery, including copies of the following:

  • The domestic violence complaint and/or application for the temporary restraining order;
  • Police investigative reports including, but not limited to, witness statements and photographs;
  • The statement or recorded testimony of the plaintiff that was provided in support of the temporary restraining order;
  • Tapes of 911 recordings; and
  • Medical records that are probative of injuries and/or lack thereof.

Adjournment of the Final Restraining Order Hearing. Although the hearing to determine whether the retraining order shall become permanent is often scheduled within days of the alleged incident of domestic violence, parties have the right to seek a postponement of the final hearing. A prerequisite to the adjournment of the hearing is uniformly the continuation of the restraints until the hearing is reconvened. Requests for extension are commonly granted by the court absent significant prejudice to the objecting party.

Middletown NJ Restraining Order Hearing Lawyers

The consequences of a final restraining order are significant. You will be arrested and charged with a crime if the “victim” accuses you of a restraining order violation such as making contact. Lawyers from our firm, the Law Offices of The Law Offices of Jonathan F. Marshall, are available 24/7 to help insure that you protect yourself and that you have every opportunity to obtain relief.  Initial consultations are always without charge, so do not hesitate to contact an attorney at our office.