If you're a victim of domestic violence in New Jersey seeking protection through the court system, understanding what to expect at a restraining order hearing can help ease anxiety during an already stressful time. The process may seem intimidating, but with proper preparation and legal support, you can effectively present your case and secure the protection you need.

The Lento Law Firm Family Law Team understands how overwhelming these hearings can be and will work diligently to help you navigate the process. Contact the Lento Law Firm today at 888-535-3686 or schedule a consultation online.

Restraining Order Process

When you first file for protection in New Jersey, the court may issue a Temporary Restraining Order (TRO). To obtain a TRO, the judge must believe you're in immediate danger. Once the TRO is issued, it will remain in effect until the Final Restraining Order (FRO), which is usually scheduled within ten days.

Unlike TROs, which are often issued quickly and sometimes without the defendant present, FROs in New Jersey are permanent and require a formal hearing where both parties can present their case.

Before your hearing date, it is important to gather all the evidence that supports your case, including:

• Photographs of injuries
• Text messages, emails, or social media communications
• Police reports
• Medical records
• Witness statements

The court will evaluate this evidence to determine if an act of domestic violence occurred and if ongoing protection is necessary.

When you arrive at the courthouse, you'll be directed to the Family Part of the Superior Court, where a judge (not a jury) will oversee the case. During the hearing, you'll have the opportunity to testify about:

• The specific incidents of domestic violence
• Any history of abuse
• Your ongoing fear of the defendant

After your testimony, the defendant or their attorney will have the opportunity to ask you questions during cross-examination. This can be one of the most challenging parts of the hearing, as they may attempt to undermine your credibility or version of events. Working with the Lento Law Firm will ensure you do not have to suffer through any unnecessary questions during the hearing.

The defendant will also have the chance to present their side, including their own testimony and witnesses. They may present defenses such as challenging your evidence, claiming they never intended harm or presenting alibis.

After hearing from both sides, the judge will decide whether to grant an FRO based on the preponderance of evidence standard. This means, they will decide whether it is more likely than not that your claims are true based on the evidence your team has presented to prove their case.

How the Lento Law Firm Family Law Team Can Help

Navigating a restraining order hearing can be overwhelming, especially when you're already dealing with the trauma of domestic violence. The Lento Law Firm Family Law Team understands the sensitive nature of these cases and provides comprehensive support throughout the process. Don't face this challenging process alone. Contact the Lento Law Firm today at 888-535-3686 or schedule a consultation online.