Restraining Order Defenses
If you have had a temporary restraining order issued against you, the time to speak with a Bergen County domestic violence lawyer is now.
The process for dealing with allegations of domestic violence moves at an extremely fast pace. Under New Jersey law, when police are called to the scene of a domestic violence incident, even if nobody claims to be the victim of domestic violence, if the officers have probable cause to believe that an act of domestic violence has occurred they must arrest the individual believed to have committed the offense, sign a criminal complaint charging the individual, or both. If an alleged victim seeks a restraining order, a hearing on the application for a final restraining order will be scheduled right away and that hearing will likely take place within days rather than weeks or months. If you are at risk of a restraining order being created against you, you need to speak with a Bergen County domestic violence lawyer.
How a Restraining Order Will Affect Your Life
A restraining order can do much more than just prevent one person from having contact with another. If a final restraining order is issued against you, your name will be included in the Domestic Violence Central Registry indefinitely. Also, a final restraining order can impact your ability to communicate with your children, can cause problems at work, or can present a significant problem in custody disputes. A final restraining order will result in your inability to obtain a firearms purchaser card and the forfeiture of your firearms. In fact, even if you successfully defend against an application for a final restraining order, you may nevertheless be ordered to forfeit your weapons.
A violation of a single term of a domestic violence restraining order can result in a criminal conviction for contempt, and a subsequent conviction for a violation of a restraining order will result in a minimum term of imprisonment of thirty days.
The Process of Issuing a Restraining Order in New Jersey
Although for many people, the consequences that flow from a domestic violence restraining order may be more burdensome than the penalties that flow from the related criminal conviction, to obtain a domestic violence restraining order, plaintiffs need only carry their burden by a preponderance of the evidence. To establish entitlement to a restraining order in Bergen County, a victim must prove that an underlying act of domestic violence occurred and that a restraining order is necessary to protect the victim from further abuse. Because a preponderance of the evidence standard is applied at these hearings, a final restraining order can issue even in the absence of proof beyond a reasonable doubt that an underlying act of domestic violence occurred.
Why You Need an Experienced Bergen County Domestic Violence Lawyer on Your Side
Scott Gorman is the Bergen County domestic violence attorney that you need on your side to represent you at a hearing to determine whether a final restraining order will issue. Scott will take the time to understand you, your relationship history, and the facts regarding your most recent incident to devise the most effective strategy for you. Scott has used his talent and experience to successfully represent both victims of domestic violence and those who have defended against applications for domestic violence restraining orders. He has obtained favorable outcomes for clients at hearings and on appeal. If you are seeking a final restraining order or if you are defending an application for a restraining order, call attorney Scott Gorman to discuss your case at our Hackensack office.