Final Restraining Order Hearing

Bernards NJ Restraining Order Attorney

If you are scheduled to appear at a Final Restraining Order Hearing in Somerville NJ, you have landed in the right place. Our attorneys defend domestic violence complaints filed throughout Somerset County including in Montgomery, Warren, Manville, North Plainfield and Branchburg. All hearings to determine whether a restraining order entered on a temporary basis becomes final are conducted at the Family Division of the Superior Court whether the incident occurred in Bernards Township or another municipality. The lawyers at our firm, The Law Offices of Jonathan F. Marshall have considerable skill in making sure restraints do not become permanent and are available to help you. Our final restraining order team will fully investigate the allegations against you, prepare a potent defense and utilize their trial skills to obtain a dismissal of the restraining order. Call us at 908-722-1011 for a free initial consultation.

What You Need To Know About Your Final Restraining Order Hearing In Somerville

The first thing you should be aware of is that at final restraining order hearing is civil in nature. As such, the burden of proof that the plaintiff must satisfy to obtain a final is much less than the criminal standard of beyond reasonable doubt. The second thing you need to know is that the determination as to whether the restraining order will become final is made by a judge without any entitlement to a jury of your peers. If the judge concludes that, based on the preponderance of the evidence, that an incident of domestic violence occurred and that there is a threat of another one absent entry of the permanent order, the final shall be granted. If this occurs, you are unable to return to your residence or have any contact with the plaintiff permanently.  In reaching a decision, the court considers:

  1. Any previous history of domestic violence between the parties (e.g. harassment, assault, threats, abuse, etc.);
  2. The immediate danger to the victim and their property;
  3. Financial relationship and circumstances of parties;
  4. Best interests of the victim and any children;
  5. How visitation and custody will effect the safety of the victim; and
  6. Existence of any orders of protection from other jurisdictions.

You will face a host of potential relief if the Somerville family court judge finds in favor of continuation of the order of protection. Contact between the parties will be barred, along with occupancy of the residence or household of the parties. It is also typical for custody of the children to be granted to the victim along with an award of temporary support.

Franklin NJ Restraining Order Lawyers

While the temporary order against  you may have been issued in Bridgewater, Franklin, Bernards, Hillsborough, or Bedminster, the only place where a determination concerning a final restraining order can be made is in Somerville. A family court judge is entrusted with the authority to make this determination and it is key that you present your very best case when you appear. Your life as you know it hangs in the balance as you cannot return home or speak to the plaintiff absent your winning. The lawyers at The Law Offices of Jonathan F. Marshall can offer significant knowledge and muscle in reaching this goal. Our Bridgewater Office can be reached 24/7 for free consultation at 908-722-1011.