The Law Offices of Qadeer & Sheikh represent and regularly assist clients in restraining order matters in New Jersey.
If an individual is seeking temporary protection, they can go to the police, call 911 or go to the family courthouse in their county. A judge will decide whether or not to enter something called a Temporary Restraining Order (TRO). This means that while the TRO is active, the Defendant cannot communicate with or even stay in the same place as the victim (Plaintiff). This also means no direct or indirect communication through other people. Within a week or so, the court will schedule the first hearing date and decide if and when to have a trial to determine whether or not to make the temporary restraining order into a permanent one (an FRO).
The standard for entry of a Final Restraining Order (FRO) under the New JerseyPrevention of Domestic Violence has been long established by the Courts. It is discussed in depth in the case Silver vs.Silver. In order to turn a temporary restraining order into a final one, the plaintiff(the alleged victim)must have a qualifying relationship with the defendant, and also has the burden to establish that:
1. The defendant committed one or more of the predicate acts of domestic violence identified in the Prevention of Domestic Violence Act; and
2. There is a need for the protection of an FRO going forward.
Restraining Order trials can be very intense and emotional, but our attorneys are well-equipped to fight for our clients. Our office has a solid reputation in New Jersey and have successfully represented several clients in these matters. Every case is unique and based on the facts of your situation, we can determine how best to guide you. For more information, please schedule a consultation with our office.