In Domestic Violence in New Jersey, an alleged victim is first (1st) given what is called a Temporary Restraining Order (TRO). That Temporary Restraining Order remains in place for ten (10) days. That does not mean that it automatically dissolves but it does mean that a Court will do its best to have a full hearing to determine the facts of the TRO and determine whether or not a Final Restraining Order (FRO) will be issued. Persons who have a TRO issued against them must understand that they have rights. They must also understand that a Temporary Restraining Order is given with much more ease than a Final Restraining Order. However, a person who is on the receiving end of a TRO must never take the Restraining Order lightly. That means irrespective of what you think the Restraining Order is bogus or based upon false information; it must be honored in its entirety. That means DO NOT call the house for any reason, including, retrieval children’s items, possession of the flat screen television, to relay that you have been thinking about your children nor for any other reason. No contact simply means no contact. A violation of a Temporary Restraining Order will be dealt with by serving that person with a Contempt of the Restraining Order which is a separate charge in and of itself. It may also be used against you at the Final Hearing.

On the Temporary Restraining Order there is a date that is rendered in which a Judge will determine whether or not the Temporary Restraints will become permanent. This is called a Final Restraining Order (FRO) Hearing. This is a trial. You are allowed to call witnesses who will testify in your behalf, you are allowed to cross-examine the alleged victim of Domestic Violence and any witnesses that the victim brings to Court. Therefore, do not think that anything less than a full trial will dismiss your case. I have seen cases where men will come to Court apologetic and tell the Court that they are still in love with their wife or spouse. These sympathetic pleas fall on deaf ears and the Judge will issue a Restraining Order. If you feel that the charges levied against you by your spouse or dating partner are false then you need to fight the Restraining Order tooth and nail.

My last tip would be never to go into a Final Restraining Order without an attorney even when word is given that the person who has received the Restraining Order will be dismissing the same. I practice conservative and NEVER take the word of a litigant until I see that person with my own eyes dismissing the Restraining Order. I have also seen people change their minds and a Court may force you on that day to try your case. An attorney who is well versed in the practice of Domestic Violence will be able to prepare and defend you when this case proceeds to trial. There are many rights and a plethora of case law that Judge’s may rely upon including using their own discretion with regard to the credibility of the witnesses. A good attorney will prepare his client for his day in Court. That does not mean that an attorney coach the witness to render false testimony, it simply means that a good attorney will role play a direct examination and what I like to do is also role play a potential cross-examination of my client.

Remember this is a quasi criminal proceeding and the burden of proof that the victim needs to show is that the event more likely than not happened. In a criminal setting, the burden of proof is beyond a reasonable doubt. It is much tougher to secure conviction in criminal than it is in the Domestic Violence Court. Moreover, in New Jersey the Defendant in a Domestic Violence action needs to know that only eleven (11%) percent of Defendant’s are successful in having Domestic Violence dismissed or withdrawn. With these statistics, a Defendant MUST prepare for their day in Court and put their best foot forward.

If you or someone you know is involved in a divorce or child custody issue and needs the assistance of an experienced New Jersey Divorce Attorney call John A. Patti, Esq. today at 866-742-2939, for your initial consultation.

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