Defending You Against Temporary Restraining Orders
If you are in an explosive relationship, heated disagreements are likely to occur. Too often, people in Essex County face the humiliating experience of having the New Jersey police show up at their door during an especially loud confrontation. In serious situations, they may have taken you into custody.
In some situations, you may receive notice that your partner filed for a temporary restraining order (TRO) against you, taking the situation to a more serious level. At The Law Offices of Randy E. Lewis, LLC, we understand how confused and concerned you may feel. You likely have many questions, and we are prepared to guide you through this difficult time.
What Is A Temporary Restraining Order?
A TRO is the result of an accuser filing a petition with the court requesting an order restricting you from certain actions. If the court approves the petition, they will issue a TRO. Typically, a TRO prevents you from coming to the home or workplace of the accuser, but it may also result in the following:
- Preventing you from seeing your children
- Preventing you from returning to your home, even to gather your belongings
- Prohibiting you from contacting the accuser in any way, including through social media or messages you send via friends or relatives
- Requiring you to provide financial support to the accuser
- Forcing you to submit to psychiatric evaluations
- Prohibiting you from possessing firearms
If the confrontation that led to the order involved weapons, police may obtain a warrant to search your home and confiscate any weapons you possess.
Violating a TRO carries serious consequences, including jail time, thousands in fines and a permanent criminal record.
What Happens Next?
You have a limited time to contact a lawyer to build a defense to avoid having the restraining order become permanent. Within 10 days of issuing the TRO, the court will hold a hearing to decide whether to make the order permanent. Your accuser must prove that you acted violently and there is reasonable fear of future violence.
A permanent order means exactly that – it never goes away. This could lead to devastating effects, particularly if you have children. Seeking the representation of an experienced and aggressive attorney is the first step to take to protect your rights.