Restraining Order Attorney in Morris County

Types of Restraining Orders in Morris County

• Temporary Restraining Order (TRO): This order is typically obtained ex parte (without the defendant present) by a judge finding "good cause" of immediate danger, taking immediate effect upon service and imposing no contact, ordering the defendant to vacate the shared home, seizing weapons, and setting temporary child custody until a full Final Restraining Order (FRO) hearing.
• Final Restraining Order (FRO): Obtained after a full trial where both parties present evidence, an FRO requires the plaintiff to prove domestic violence and ongoing danger by a "preponderance of the evidence"; if granted, it is permanent, imposing lifelong no contact, a permanent bar from the residence, permanent loss of firearms rights, and significantly shaping long-term child custody and employment prospects.

Consequences of Violating a Restraining Order in New Jersey

Violating any provision of a temporary (TRO) or final (FRO) restraining order is a serious criminal offense in New Jersey, categorized as Contempt.

First Offense Contempt: 

Generally a disorderly persons offense (misdemeanor).

• Penalties: Up to 6 months in county jail and/or a fine of up to $1,000.
• Mandatory Minimum Jail: If the underlying predicate act involved serious harm or a weapon, or if the violation involves re-arrest for a new act of domestic violence, mandatory jail time may be imposed.

Second or Subsequent Offense Contempt: 

If you are convicted of a second or subsequent contempt offense for violating a domestic violence order, or if the underlying act was a criminal offense (felony or disorderly persons), the contempt charge can be elevated to a Fourth-Degree Indictable Offense (Felony).

• Penalties: Up to 18 months in state prison and/or a fine of up to $10,000.
• Mandatory Jail: For a second or subsequent conviction for contempt of a final restraining order, the court must impose a minimum term of 30 days imprisonment.
• Enhanced Penalties: If the violation involves new acts of domestic violence, or if a weapon is involved, penalties can be even more severe.

The penalties for violating a restraining order are substantial, immediately impacting freedom and leading to a criminal record. This underscores the need for continuous legal counsel.

Why Choose The Law Offices of Joseph S. Scura

Our firm prides itself on being approachable and responsive, ensuring that our clients are always well-informed about their case progression. We believe in transparent communication, allowing you to feel involved and confident every step of the way. 

• Personalized Service: We offer tailored legal strategies that respect and address your unique circumstances.
• Recognized Excellence: Joseph Scura’s recognition as a 'Rising Star' underscores our commitment to quality representation.
• Local Expertise: Our deep familiarity with Morris County’s legal environment can enhance your case’s potential outcomes.
• Accessible Legal Support: We offer free consultations to discuss your situation and possible approaches.

When urgent matters arise, our practice is structured to prioritize your needs swiftly and decisively, always with your best interests in mind.

Your Trusted Legal Partner in Morris County

Dealing with situations requiring a restraining order can be daunting. At Law Offices of Joseph S. Scura, we are committed to supporting you with dedication, professionalism, and care. We’ll discuss your situation and outline the steps to take, offering clear, actionable advice that prioritizes your well-being and legal rights.

Reach out to us online or call (973) 832-0841 for a consultation with our domestic violence attorney in Morris County.

FAQs About Restraining Orders in Morris County

What types of behavior can justify a restraining order in New Jersey?

Restraining orders may be granted for acts of domestic violence, harassment, stalking, sexual assault, or threats that cause fear of harm. New Jersey law allows individuals to request protection when their safety is at risk, whether emotionally or physically. We work closely with you to evaluate whether your circumstances meet the legal threshold and guide you through filing for protection effectively.

How long does a restraining order last in Morris County?

A TRO remains in effect only until the hearing date, which is usually scheduled within 10 days. If the court grants an FRO, it typically lasts indefinitely and remains enforceable unless either party petitions the court for modification or dismissal. Our team ensures you understand the long-term implications and assists with any future adjustments if needed.

Can someone fight a restraining order in New Jersey?

Yes, the person subject to the restraining order has the legal right to contest it during the hearing. They may present evidence, witnesses, or testimony to challenge the allegations. Whether you're seeking protection or defending against a claim, our team at Law Offices of Joseph S. Scura prepares your case thoroughly to safeguard your rights and help you achieve the best possible resolution.

Does a restraining order affect child custody or visitation?

A final restraining order can significantly impact custody arrangements, especially if the protected party shares children with the defendant. Courts prioritize the safety of children, and any evidence of domestic violence may lead to restricted visitation or supervised parenting time. Our firm helps you navigate the intersection of restraining orders and family law to protect your rights as a parent while ensuring safety remains paramount.

Can a restraining order be modified or lifted in Morris County?

Yes, either party can file a motion to modify or dissolve a final restraining order. The court will evaluate whether circumstances have changed and if the protected party still feels threatened. We assist in preparing and arguing these motions, whether you’re requesting relief from the order or opposing its removal.

Will a restraining order show up on a background check?

A final restraining order is civil, not criminal, but it may appear in background checks, especially those conducted for employment, housing, or firearm licensing. We help you understand the long-term legal consequences and, when appropriate, discuss possible legal remedies to minimize future impacts.