Morristown Restraining Order Lawyer

Helping Clients Restore their Rights Following Court Orders

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 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:

• Physical abuse
• Sexual assault
• Stalking
• Child abuse
• Child endangerment

Temporary Restraining Orders (TRO)

Before a temporary restraining order is filed, the court often uses a temporary restraining order which only lasts a few days. It is important that you do not waste any time to take action after receiving a TRO because a permanent restraining order is likely in the works. It is imperative that you 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 which can help fight the order.

Permanent Restraining Orders

In cases of alleged domestic violence or abuse, all allegations must be addressed in court before a permanent restraining order can be issued. This is why a TRO is often issued in the interim. During the court hearing, you will have the opportunity to discuss the issues of your restraining order. Typically, this hearing is set up in about 7-10 days from the time of the TRO or the request for a restraining order.

Can a Restraining Order Be Contested or Appealed in Morristown, 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.

To schedule a case consultation, call us today at (973) 832-0841.