In New Jersey, Domestic Violence is taken very seriously. Having a restraining order against you can carry many consequences that can affect your daily life. Our practice group has extensive court room experience with regard to final restraining order hearings, charges ranging from: assault, harassment, criminal mischief, burglary, threats, stalking, sexual assault and other serious charges whether in Superior or Municipal Courts throughout the State. In order for a person to obtain a final restraining order, the person must prove beyond the preponderance of the evidence that the actor did in fact commit certain crimes covered by the Prevention of Domestic Violence Act and that a final order is needed. Proving that an event did occur is not enough to have an FRO issued against a person. Additional factors such as prior incidents, the relationship of the parties (do they have children together), the severity of the incident, are all major considerations. Now it is very important to know that the TRO/FRO is a civil case while any criminal action related to the incident would be handled in either the Superior Court Criminal Division or the local municipal court. The bottom line is to have damage control and to prevent a bad situation turning worse. These cases are tried by a Judge, not a jury. The criminal case can be decided by a jury if it is not in municipal court. If you have been served with a temporary order or have been arrested, contact our domestic violence defense group on 201-706-7910.