Contact Our Mount Holly Office To Speak To Defense Lawyers Who Are Highly Experienced in Defending Restraining Orders & Domestic Violence Criminal Charges
Accomplished Restraining Order Defense Lawyer in Mount Holly New Jersey
Domestic disagreements can rapidly escalate once the police are involved and a criminal charge or temporary restraining is issued. Attempting to navigate a New Jersey domestic violence case without the assistance of a skilled lawyer is extremely foolish. Failure to successfully defend either front will leave you with consequences that are certainly life-altering, including a criminal record and a final restraining order (“FRO”) that will prevent you from ever returning to your home or even communicating with the “victim”. Hiring an attorney accomplished in representing clients like you is an absolute must. Do not make the mistake of so many, however, by jumping to the phone just because someone says they have the attributes you desperately need. Take a close look at the credentials of the individuals you are considering, qualities like actual years in practice, experience trying a Burlington County restraining order and other attributes that are truly important as opposed to puffery. We know our competition and, unfortunately, what you often read falls apart once you take a close look at the real facts.
Here at the Law Offices of Jonathan F. Marshall, our team has the real-life qualifications to help you. We will provide you with:
- Over 200 years of combined experience representing clients are final restraining order hearings
- Ten lawyers that handle nothing but defense work
- Former prosecutors that have served at the highest levels gaining unique insight as Director of Major Crimes, the Domestic Violence Unit, Juvenile, Special Operations, Drug Task Force and even an entire Trial Division
- Certified criminal trial attorneys
- Hundreds of individuals over the last two decades who have secured dismissals of their restraining order as the result of staff members successfully defending final restraining order trials
If you would like to learn more about how an attorney at our firm can assist you, contact our Office in Mount Holly at 609-491-2110. Initial consultations are always free so there is nothing to hesitate about in calling us.
What You Need To Know If You Have A Final Restraining Order Hearing Scheduled in Mount Holly New Jersey
The attorneys at our Burlington County criminal defense firm field countless initial consultations a month, so we are accustomed to slews of questions concerning restraining order hearings. We, therefore, felt that it would be best to organize this page in the form frequently asked questions of those facing a final restraining order hearing at the Burlington County Superior Court in Mt. Holly. The headings below are intended to provide you with the answers you need in this context.
Why Isn’t My Restraining Order Hearing Being Heard in Municipal Court?
A restraining order is a civil remedy that falls under the jurisdiction of the Superior Court, Family Part, where the incident occurred or parties resided. What this means is that your case will be heard at the county courthouse in Mount Holly if the conduct alleged to be domestic violence (or the parties resided in) occurred in Pemberton, Medford, Delran, Florence, Bordentown or another municipality in Burlington County.
Who Has The Burden of Proof at the Final Restraining Order Hearing?
Although it seemed that the temporary restraining order that was signed with almost nothing in terms of proof, the situation will be different at the final hearing. If your accuser wants to win and permanently prevent you from contact, he/she will have to establish two things by a preponderance of the evidence (i.e. that the allegation is more likely accurate than not). They must prove that there was domestic violence, namely, that you committed one of the following offenses:
- Simple Assault
- Aggravated Assault
- Terroristic Threat
- Criminal Mischief
- Sexual Assault
- Criminal Sexual Contact
- Criminal Trespass
- Criminal Restraint
- False Imprisonment
The second thing that the victim will have to establish is that a final/permanent restraining order is necessary to prevent future acts of domestic violence. The determination primarily comes down to whether or not the judge believes that you are a continued threat to the plaintiff such that their fear is legitimate.
What Facts & Circumstances Does The Court Supposed Consider In Deciding a Final Restraining Order?
The court is required to listen to the testimony, review the evidence submitted, and decide whether a final restraining order should be issued. The facts that it is supposed to consider are:
- Previous history of domestic violence between the parties
- Whether there is an immediate danger to person or property
- Financial circumstances of the parties
- Best interests of the victim and children
- Circumstances necessary to protect the victim during custody and visitation
- Any existing or prior restraining orders
The court has two options after considering the evidence: (1) dismiss the restraining order; or (2) grant a final restraining order permanently enjoining the defendant.
What Will Happen If I Lose My Restraining Order Hearing?
There are many restraints that a Superior Court judge in Mt. Holly can impose if it decides that a final restraining order is warranted. The standard conditions upon entry of final restraints include barring contact with the victim, precluding any future acts of domestic violence, awarding exclusive possession of the residence to the plaintiff, granting temporary residential custody of the children to the plaintiff, requiring payment of temporary support, restraining the defendant from entering the residence or place of employment of the victim and preventing the defendant from possessing firearms or other weapons.
Mount Holly Final Restraining Order Lawyers
The stakes are extreme if you are facing a final restraining order hearing. Retaining the very best attorney you can find is essential, or you will be unable to ever return to the home or apartment you shared with the spouse (wife or husband), boyfriend/girlfriend, or another individual who obtained the temporary restraining order. There are other significant ramifications that you also want to avoid. A highly skilled restraining order defense lawyer in Burlington is undoubtedly your greatest weapon in achieving a dismissal. Our attorneys are well equipped to represent you, given our vast experience and track record of success in this realm. To discuss your options with a member of our team immediately, call 609-491-2110 for a free consultation.