New Jersey Domestic Violence Restraining Order (TRO, FRO) Trial Lawyer, Clifford E. Lazzaro, P.C.
Clifford E. Lazzaro, P.C. 4400 US Highway 9, Suite 1000, Freehold, NJ 07728 Phone: (732) 866-1600 Fax: (732) 848-6823 Email: celesquire@msn.com www.lazzarolaw.net By Appointment Only
A Monmouth County New Jersey Domestic Violence and Restraining Orders Lawyer Who Can Assist You Anywhere in New Jersey, Clifford E. Lazzaro, P.C.
If you live in Monmouth County and need a restraining order or are fighting a restraining order, Clifford E. Lazzaro is a knowledgeable and experienced domestic violence attorney who can help you with your case. Being either the victim of domestic violence who needs a restraining order in Monmouth County or the accused perpetrator of domestic violence is a stressful situation. Clifford E. Lazzaro has fought to obtain restraining orders for victims and, in other cases, defended the accused and succeeded in having restraining order cases dismissed. He represents clients throughout Monmouth County including in Asbury Park, Colts Neck, Deal, Eatontown, Englishtown, Holmdel, Howell, Jackson, Manalapan, Morganville, New Egypt. Contact Clifford E. Lazzaro, P.C. now for immediate assistance at 732-866-1600.
Acts Which Constitute Domestic Violence in NJ
In order for an individual to obtain a NJ Restraining Order against another under the New Jersey Domestic Violence Statute, there must be an act of Domestic Violence committed and that act of Domestic Violence must have caused the victim to fear for his or her safety and welfare.
There are now 19 defined offenses under the New Jersey Prevention of Domestic Violence Act (NJPDVA) that qualify for protection:
- Assault
- Burglary
- Contempt of a Restraining Order
- Crimes Involving Risk of Death or Serious Bodily Injury
- Criminal Coercion
- Criminal Mischief
- Criminal Restraint
- Criminal Sexual Assault
- Criminal Trespass
- Cyber Harassment
- False Imprisonment
- Harassment
- Homicide
- Kidnapping
- Lewdness
- Robbery
- Sexual Assault
- Stalking
- Terroristic Threats
Domestic violence includes any form of abuse—physical, emotional, sexual, economic, or psychological—used by one person to gain power and control over another in a domestic setting, such as in a marriage or cohabitation. The types of abuse that can ensue are broad and include the following:
- Physical Abuse: Hitting, slapping, punching, or any other form of physical harm.
- Emotional Abuse: Verbal attacks, intimidation, threats, and manipulation.
- Sexual Abuse: Any non-consensual sexual act or behavior.
- Economic Abuse: Controlling access to financial resources, limiting the victim’s ability to support themselves and forcing financial dependence.
- Psychological Abuse: Causing fear through threats and coercion, impacting the victim’s mental health.
Definition of Victim Under the NJ Domestic Violence Statute
An individual must qualify as a victim in order to file under the Domestic Violence statute. A victim under the statute is defined as follows:
- Must be 18 years or older or an emancipated minor. However, there is no age requirement if the victim has a child in common or anticipates having a child in common with the defendant, if one of the parties is pregnant.
- Must have been subjected to Domestic Violence by a present household member, former household member, spouse, former spouse, boyfriend, former boyfriend, girlfriend or former girlfriend.
Relief Given Under a NJ Restraining Order
The principal relief for a victim of Domestic Violence under the statute is a Restraining Order. The relief a Restraining Order could provide is as follows:
- Prohibiting the defendant from the home of the victim.
- Prohibiting the defendant from the victim’s place of employment.
- Prohibiting the defendant from returning to the scene of the domestic violence.
- Prohibiting the defendant any form of contact or communication with the victim.
- Prohibiting the defendant from any form of contact or communication with any individuals named by the victim.
- Prohibiting the defendant from possessing any firearms or other weapons.
- Awarding the victim with custody of the children.
- Ordering the defendant to pay the victim support.
- Ordering a search for weapons at any location the Judge has reasonable cause to believe the weapons are located.
- Ordering the defendant to receive professional counseling
- Awarding the victim possession of the home.
Temporary Restraining Order (TRO) and Final Restraining Order Hearings (FRO)
When someone has filed a domestic violence complaint against you, the court will issue a temporary restraining order against you and schedule a final restraining order hearing. Assuming that the case has not been dismissed or otherwise resolved between you and the plaintiff, the family part of the superior court will hold a FRO hearing. A FRO hearing functions much like a civil trial. However, FRO hearings are decided by a judge, not a jury. In order to issue a final restraining order, the judge will need to find two elements:
1. A predicate act of domestic violence has occurred.
2. A final restraining order is necessary for the plaintiff’s protection.
- The plaintiff bears the burden of proof on both elements and must present evidence and witnesses in support of his or her claim for a FRO. A plaintiff must meet the “preponderance of the evidence” burden of proof. In other words, he or she must prove it is more likely than not that the allegations are true.
- You will have the opportunity to review the plaintiff’s evidence and cross-examine witnesses. You will also have the opportunity to present evidence and witnesses of your own, whom the plaintiff may also choose to cross-examine. If the judge finds that the plaintiff has met his or her burden of proof on both elements, the trial court will issue the final restraining order. You should not go into a FRO hearing without an experienced attorney on your side. If you have a FRO issued against you, you will be fingerprinted and listed on a domestic violence registry. You will also lose your right to carry a firearm.
The Granting of a Permanent NJ Restraining Order
The initial Restraining Order is temporary. The Court in approximately ten days will schedule a hearing to determine if a permanent order will be granted. At the hearing, the standard for proving the allegation of Domestic Violence is by a preponderance of the evidence. According to statute, the Court will consider but not be limited to the following factors:
- The previous history of Domestic Violence between the parties, including threats, harassment and physical abuse.
- The existence of immediate danger to person or property.
- The financial situation of the plaintiff and defendant.
- The best interests of the victim and any child.
- In determining custody and parenting time the protection of the victim’s safety.
- The existence of a verifiable order of protection from another jurisdiction.
Hire an Experienced NJ Restraining Order Attorney, Clifford E. Lazzaro, P.C.
You should never have to face an upcoming restraining order hearing on your own. You need an experienced New Jersey criminal lawyer by your side. Attorney Clifford E. Lazzaro has been assisting Monmouth County and other New Jersey families with the restraining order process for years, and he can help you too.
Clifford E. Lazzaro, P.C. 4400 US Highway 9, Suite 1000, Freehold, NJ 07728 Phone: (732) 866-1600 Fax: (732) 848-6823 Email: celesquire@msn.com www.lazzarolaw.net By Appointment Only