Understanding NJ Temporary Restraining Orders
Temporary restraining orders are frequently issued to provide temporary protection to victims of domestic abuse from the accused. A TRO may be entered by a judge only on sufficient basis to believe that domestic violence has occurred. A final restraining order may be entered at a later time, but requires a firmer evidentiary basis. To enter a restraining order, a judge must consider whether the acts of the accused constituted any of the following crimes under the New Jersey Criminal Code:
- Criminal Mischief
- Terroristic Threats
- Sexual Assault
- Criminal Trespass
If a judge determines that an act of didn’t occur, the restraining order will be lifted or dismissed. Also, the judge will consider whether the victim is in reasonable fear for their safety. Any violation of a temporary or final restraining order may result in arrest and criminal charges. Therefore, it is imperative that you have proper legal representation whether you are have a TRO entered against you or if you’re the victim. The attorneys at Himelman and Himelman have years of experience dealing with all facets of restraining order laws.