Morristown Restraining Order Lawyer

Helping Clients Restore Their Rights in New Jersey

Having a restraining order filed against you can be confusing and upsetting, especially if the person filing is within your family. It is important to know what you're up against and what steps you can take to protect yourself. Violating an order can lead to additional legal consequences and even keep you away from your children.

Our Morristown restraining order attorney can help you understand your rights and how to avoid violating your order. At The Law Offices of Joseph S. Scura, we are dedicated to providing our clients with skilled and caring representation following a restraining order.

To learn more about how we can help you, call us today at (973) 832-0841.

Why Are Restraining Orders Issued?

Restraining orders are filed against those who allegedly threaten another’s safety. This is a common solution in domestic violence cases, when someone is being stalked, when they believe their child is in harm's way, or during a tumultuous divorce. However, restraining orders are not always filed fairly, sometimes barring people from their families when they did not engage in threatening behaviors. When you work with our firm, we can help you gather and present all the evidence needed to illustrate your side of the story.

A few common reasons restraining orders are filed include:

Understanding Temporary Restraining Orders (TRO)

The process for a Temporary Restraining Order (TRO) is initiated when the person seeking protection files an application with the court. This application leads to a hearing where a hearing officer or judge reviews the case. During the hearing, you, as the subject of the order, are not present, and the decision is made without your input. 

If the court decides to issue the TRO, it takes immediate effect and remains in place until the subsequent hearing for the Final Restraining Order (FRO).

You must obey the temporary order even if it was based on a false accusation. It is also important to gather and keep any evidence you may have that can help fight the order.

Understanding Final Restraining Orders (FRO)

A Final Restraining Order (FRO) holds significant importance as it is in effect permanently, providing long-term protection. 

Typically, the court schedules a second hearing for the FRO within 10 days of the TRO hearing. Still, it is possible to request an earlier court date if necessary. 

During this FRO hearing, you can present your side of the story and argue against the order being issued. If you fail to appear at the FRO hearing, the court may proceed with the case and decide in your absence. This underlines the importance of being actively involved in the process to ensure your side of the story is heard.

Can a Restraining Order be Contested Or Appealed in New Jersey?

Yes, a restraining order can be contested or appealed in Morristown, New Jersey. If a restraining order is issued against you, it's important to understand that you have the right to defend yourself.

If you disagree with the issuance of a Final Restraining Order (FRO), you can appeal the decision. In New Jersey, you generally have 45 days from the date of the decision to file an appeal. However, appealing a restraining order is a complex process that typically involves demonstrating that a legal error occurred during the original hearing. That is why it is important to seek the guidance of an experienced attorney.

You'll need to present valid grounds for your appeal, such as an argument that a mistake was made in the application of the law, or that the facts were inaccurately represented or interpreted. It's also crucial to note that an appeal isn't a retrial or a new hearing - you won't get the chance to present new evidence or arguments. The appellate court will only review the record of the proceedings that took place in the lower court.

Available 24/7 To Defend You

At The Law Offices of Joseph S. Scura, we know that fighting a restraining order may seem impossible. With our knowledge and guidance, we can help you protect your rights while you take the proper steps for restitution. Working with a Morris County criminal defense lawyer is in your best interest, as we can help you present a strong case during your hearing.

Ready to discuss your case? Contact us for a consultation at (973) 832-0841 now.