Are you facing having a restraining order filed against you? If you lose your final restraining order hearing, you could lose out on your ability to contact the plaintiff. For this reason alone, you need to reach out to a skilled Elizabeth criminal defense attorney from our firm who can fight to protect your rights.
Clifford E. Lazzaro, PC has over 25 years of experience which we put into each case we handle. With thousands of criminal cases behind us, we understand what it takes to beat your charges, no matter what your circumstances. Attorney Lazzaro was even a former New Jersey Assistant Prosecutor, so you can trust we know how to handle criminal charges in your best interests.
A temporary restraining order can be issued by a judge simply by making an accusation of abuse. The judge only needs to believe that the plaintiff is in some type of danger of domestic violence. A temporary restraining order will keep you from having contact with the plaintiff until a final restraining order hearing can be made.
At the final restraining order hearing, the Superior Court judge will determine if the temporary restraining order should be made final. To this end, it must be demonstrated by a preponderance of evidence (rather than beyond reasonable doubt) that an act of domestic violence took place. If the court decides it is probably an instance of domestic violence occurred and a permanent restraining order is put in place, violating the order can result in felony charges.
Under the federal Violence Against Women Act, a victim who has a restraining order from her/his home state and flees to another state to seek safety from further abuse may seek enforcement of the existing restraining order in the new state. The new state must provide full faith and credit to any existing restraining order or order of protection. The Family Practice Division of the Administrative Office of the Courts, the State Domestic Violence Working Group and members of its Full Faith and Credit Subcommittee, have been working diligently to ensure that a victim of domestic violence receives the protection they need.
If you have a Domestic Violence Restraining Order or Order of Protection from another state or U.S. Territory and you now live in New Jersey or are moving to New Jersey, you have choices regarding your existing order.
1. Do nothing with the Order. New Jersey Courts and law
2. You can have your out-of-state Order recognized by New Jersey Superior Court, Chancery Division, Family Part, as a valid order or you
The Judiciary’s Family Case Tracking System (FACTS) has the capacity to record out-of-state domestic violence restraining orders, which provides further protection to victims who have relocated to this state.
You should not attempt to handle a restraining order hearing by yourself: with an experienced Elizabeth criminal defense lawyer by your side, you can protect your rights to your home and children. Domestic violence charges can sometimes stem from ill-will on the part of the plaintiff or from a misunderstanding. You deserve to have your side of the story told, so call Clifford E. Lazzaro, P.C. right away.
Call the firm right away at (888) 480-2252 to set up a free consultation!