Freehold NJ Defense Attorneys & Former Prosecutors
When you walk into the Monmouth County Courthouse for a Final Restraining Order hearing, you need to be prepared to present your best possible defense as there are no second chances. The criminal lawyers at our firm, The Law Offices of Jonathan F. Marshall are savvy advocates that know the ins and outs of the court room and the domestic violence law in New Jersey. They know how to defend restraining orders and to defeat allegations of simple assault, aggravated assault, terrroristic threats, harassment and other bases for a DV complaint. An attorney is ready to assist you immediately in a complimentary free consultation. We are available to assist you with restraining orders issued anywhere in the county including in Monmouth Beach, Manasquan, Little Silver, Atlantic Highlands, Avon or Englishtown. We can be reached at 732-450-8300 (Red Bank), 732-462-1197 (Freehold) and 732-449-2292 (Wall).
Monmouth County Final Restraining Order Hearing
When you appear in Freehold at the Superior Court, the final restraining order hearing will be conducted before a Family Division judge. Certain rules and procedures apply with respect to the hearing including:
- Time. The hearing to determine whether the restraining order shall become final is to be scheduled within 10 days of issuance of the temporary restraining order.
- Location. Final restraining order hearings are held at the Monmouth County Superior Court, Family Part.
- Use of Evidence & Testimony Introduced at Hearing. If there is a criminal charge arising out of the same incident of domestic violence, any testimony provided by the plaintiff or defendant at the Final Restraining Order hearing cannot be used in the criminal case. The testimony may, however, be utilized in further proceedings relative to a restraining order, for example, in conjunction with prosecution for violating a final restraining order.
- Standard of Proof. The burden is on the plaintiff to prove domestic violence and the standard to be applied is a proponderance of the evidence.
- Evidence to be Considered by Court. The following factors may be considered: (1) previous history of domestic violence between the parties; (2) existence of immediate danger to person or property; (3) financial circumstances of the parties; (4) the best interests of plaintiff and any children; (5) custody and parenting time; and (6) whether there are any orders of protection from other jurisdictions.
- Mediation. The Domestic Violence Act prohibits mediation to resolve restraining orders.
- What May be Ordered by the Court. The court may impose numerous forms of relief at the conclusion of a Final Restraining Order Hearing including:
- Restraints against the defendant, preventing him or her from having contact, in person, by telephone, text or indirectly with the plaintiff;
- Restraints preventing the defendant from residing with the plaintiff;
- Ordering exclusive possession of the domestic residence to the plaintiff;
- Setting child support;
- Requiring payment of spousal support and payment of housing expenses;
- Setting up a visitation and parenting time schedule;
- Granting possession of certain personal property (e.g. car, etc.);
- Ordering a risk evaluation, psychiatric assessment, and/or anger management and abuse counseling;
- Requiring payment of compensation for plaintiff’s losses and attorneys’ fees.
- Firearms. The Domestic Violence Act prohibits a defendant from possessing any firearms if they are the subject of a restraining order.
Asbury Park NJ Restraining Order Attorney
The renaissance experienced in Asbury Park has brought many to the community. And just like any municipality, there are sometimes conflicts between spouses, domestic partners, boyfriends, girlfriends and family members. When the incident(s) mushroom into someone signing a temporary restraining order, the situation takes on a whole different complexion. If you find yourself on the short end of this scenario, we are here to help you. Our restraining order attorneys are savvy advocates that have been handling cases in Freehold for almost three decades. Call us at 732-450-8300 for representation at a final restraining order hearing in Freehold NJ.
