If abuse is involved in a relationship, it is definitely an important part of the criminal charges that may result. The attorneys at Goodgold West & Bennett LLC can help you to understand how the abuse might play into your case.
In many cases, abuse will result in filing a restraining order. There are different types of restraining orders in NJ. The type of restraining order you may have filed against your ex will be a significant piece of evidence when you finally go to court. A criminal defense attorney in Millburn can help you better understand the many details that will play a part in a court case.
This quick guide will help you better understand the differences between the types of restraining orders in NJ. Keep reading to learn more.
Temporary Restraining Order NJ
When someone is feeling threatened, harassed, or abused, the first legal step is often to file for a temporary restraining order. These are also sometimes called temporary ex-parte restraining orders. These can be issued immediately.
A judge will usually issue such an order when evidence proves that someone’s life, health, or well-being is endangered.
This type of restraining order will last until the first hearing for a final restraining order. This can often happen in as soon as 10 days. Whether or not a final restraining order is issued will depend on the information provided to the judge at the hearing.
Even if you cannot physically be present in court, a judge may still be able to use a final restraining order. This can be done if you provide sworn testimony. Sworn testimony is provided by someone who represents you.
This is often done if you are physically or mentally incapable of coming. If you seek help from criminal defense attorneys in Millburn NJ, this will be important information to provide to them.
Final Restraining Order NJ
Once your case has gone to a hearing, both parties involved can tell their side of the story when evidence and testimony are presented to the judge. A criminal defense attorney must have all the significant evidence concerning your case before this hearing. After reviewing all the evidence, a judge will make a final decision concerning the restraining order.
The final restraining order does not have an end date. This means that it could last forever. The only way a final restraining order can be canceled only if one of the parties files a motion.
The purpose of this motion is to request that the judge put an end to the restraining order. The motion could also request that modifications be made to the order. A cancelation or a modification will only be done if the judge decides that all parties involved will be safe with the new orders.
Get an Immediate Protection
If you feel that your life is being threatened and you need immediate protection, it is crucial that you call 911. The police will be able to provide you with temporary protection until the proper legal actions can take place. If you have reached the police for protection, be sure you get documentation of the event to provide to your criminal defense attorney.
Goodgold West & Bennett LLC is a full-service law firm with combined legal expertise of more than 150 years. We have a broad experience in various practice are including cases of domestic violence. Contact us today and get the protection you need against violence.
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