Domestic Violence

If you’ve been involved in a domestic violence case in New Jersey, maybe you’ve thought about what happens at a Final Restraining Order (FRO) hearing. Many people fear the possibility of jail time, but understanding how these hearings work can ease some of your concerns.

The good news is that a judge cannot send you to jail as a result of an FRO hearing alone. This is because FRO hearings are civil proceedings, not criminal cases. Let’s explore what this means, how the legal process works, and when criminal charges may still apply.

What Happens at a Final Restraining Order Hearing?

An FRO hearing determines whether a permanent restraining order should be issued against you. In New Jersey, this is a civil court process, not a criminal trial. The judge’s role is to decide whether acts of domestic violence occurred based on a preponderance of the evidence—meaning it’s more likely than not that the alleged incident took place.

The judge will consider:

• Testimonies from Both Parties
• Evidence Like Text Messages, Photos, or Witness Statements
• Previous Incidents of Domestic Violence (if applicable)

If the judge rules in favor of the person seeking protection, a Final Restraining Order will be issued. This can include no-contact orders, firearm surrender requirements, and restrictions on visiting shared homes or children. However, there are no criminal penalties or jail time associated with the restraining order itself.

Why Can’t You Be Sent to Jail from an FRO Hearing?

Since FRO hearings are civil matters, there are no “guilty” findings—only a decision on whether the restraining order should be granted. Civil court is designed to protect the victim rather than punish the accused.

However, failing to follow the terms of a restraining order after it has been issued can result in criminal charges. Violating a restraining order is considered contempt of court, which can lead to arrest, jail time, and additional charges.

When Can Jail Be Involved in a Domestic Violence Case?

While you won’t be sent to jail based on an FRO hearing alone, you could face criminal charges if the alleged incident involves:

• Assault
• Harassment
• Stalking
• Terroristic Threats
• Weapons Offenses

These charges are handled separately in criminal court, where the state prosecutes the case. In this setting, a judge can impose jail time if you are found guilty of a criminal offense related to domestic violence.

Why You Need an Experienced Attorney

Facing a domestic violence restraining order hearing in New Jersey can be life-altering. A Final Restraining Order doesn’t just restrict contact—it can affect child custody, firearm ownership, and even employment opportunities, especially if you work in certain licensed professions.

This is why hiring a skilled attorney is critical. A knowledgeable lawyer can:

• Challenge weak or inconsistent evidence
• Cross-examine witnesses effectively
• Present a strong defense tailored to your case

Why Choose Reisig Criminal Defense & DWI Law?

With nearly 30 years of experience, Reisig Criminal Defense & DWI Law has built a proven track record defending individuals in domestic violence cases throughout New Jersey. They understand how local courts handle these matters and have successfully protected clients’ rights time and again.

Here’s what sets them apart:

• Deep Knowledge of NJ Law: They know how to challenge restraining orders and defend against related criminal charges.
• Personalized Legal Strategies: Every case is different. Their team develops custom defense plans based on your unique circumstances.
• Courtroom Success: With thousands of successful cases handled, their experience ensures you’re getting top-tier representation.

Take Control of Your Future Today

If you’re facing a Final Restraining Order hearing or domestic violence charges in New Jersey, don’t take chances with your future. Protect yourself with experienced legal representation from Reisig Criminal Defense & DWI Law.

Call (732) 625-9661 for a free consultation and start building your defense today. Let Reisig Criminal Defense fight to protect your rights, your reputation, and your freedom.

How Is a Temporary Restraining Order Issued in New Jersey?

In New Jersey, a Temporary Restraining Order (TRO) is a legal measure designed to provide immediate protection for victims of domestic violence.

This order can be issued in two primary ways, depending on when the request is made and court availability. Understanding the process can help you navigate this challenging situation if you or a loved one is involved in a domestic violence case.

Applying for a TRO During Court Hours

If the Superior Court is open, a victim of domestic violence should visit their county’s Domestic Violence Intake Office. There, they’ll speak with a hearing officer who listens to the allegations and reviews any supporting details about the reported abuse.

If the hearing officer determines there’s enough evidence, the victim will appear before a Superior Court Judge assigned to the Family Part. The judge will then evaluate the claims, consider any risk factors, and decide whether to issue a Temporary Restraining Order. This process is meant to ensure the victim receives legal protection as quickly as possible.

Applying for a TRO After Court Hours

If the Superior Court is closed—such as nights, weekends, or holidays—the process involves a Municipal Court Judge. In this case, the victim must contact law enforcement, who will connect them with a judge by phone.

During a telephonic hearing, the judge will speak directly with the victim, asking about the alleged abuse, specific incidents, and any immediate threats. If the judge determines that domestic violence occurred, they will issue a Temporary Restraining Order remotely. This ensures that protection isn’t delayed, even outside regular court hours.

Who Can Apply for a TRO?

It’s essential to understand that only the victim can apply for a TRO in New Jersey. Police officers, family members, or friends cannot file on the victim’s behalf. Law enforcement can assist in connecting the victim with the appropriate court or judge, but the application must be made by the person seeking protection.

What Happens After a TRO Is Issued?

Once a Temporary Restraining Order is granted, it becomes legally binding. The alleged abuser must adhere to specific conditions outlined in the TRO, which can include:

• No contact with the victim (in-person, phone, text, or social media)
• Surrendering firearms and weapons permits
• Staying away from the victim’s home, workplace, or school
• Temporary custody arrangements if children are involved

The next step is a Final Restraining Order (FRO) Hearing, typically scheduled within 10 days of the TRO issuance. Both parties will have the opportunity to present evidence and argue their case before a judge.

Why Legal Representation Matters

Domestic violence cases can have life-altering consequences. A TRO violation can lead to arrest, criminal charges, and potential jail time. Having a skilled legal advocate is critical in navigating this complex process.

Reisig Criminal Defense & DWI Law has nearly three decades of experience defending clients in New Jersey domestic violence cases. Their deep understanding of state law, court procedures, and prosecutor tactics allows them to craft effective legal strategies aimed at protecting their clients’ rights.

Contact an Experienced Domestic Violence Attorney

If you or someone you care about is facing a domestic violence charge or needs help applying for or defending against a Temporary Restraining Order, Reisig Criminal Defense & DWI Law is here to help. With a proven track record and personalized legal guidance, they’ll fight for the best possible outcome.

Call (732) 625-9661 today for a free consultation and get the legal support you need.

In New Jersey, stalking is recognized as one of the 14 criminal offenses that can constitute an act of domestic violence under N.J.S.A. 2C:25-19(a). If you’ve been accused of stalking, it’s critical to understand the seriousness of the charge and the potential consequences. Stalking is not just a criminal offense—it’s often tied to restraining orders and can have life-altering implications.

For nearly 30 years, Reisig Criminal Defense & DWI Law has been a trusted name in New Jersey, providing expert legal representation for those facing domestic violence charges, including stalking. Their experience and dedication to defending clients have made them one of the most successful criminal defense firms in the state.

Understanding Stalking in the Context of Domestic Violence

Stalking involves a pattern of behavior where one person repeatedly follows, harasses, or intimidates another to the point where the victim feels threatened or fearful. In the context of domestic violence, stalking often occurs between individuals with an existing or prior intimate relationship, such as spouses, domestic partners, or significant others.

The legal definition of stalking in New Jersey includes behaviors like:

• Following someone without their consent.
• Repeatedly showing up uninvited to their home, workplace, or other locations.
• Sending unsolicited messages or gifts.
• Making unwanted phone calls or digital communications.

For stalking to qualify as domestic violence, the relationship between the accused and the victim must fit within specific parameters, such as being current or former household members, spouses, or individuals in a dating relationship.

Consequences of a Stalking Charge

A stalking charge in New Jersey can lead to severe penalties, including:

• Criminal Charges: Depending on the circumstances, stalking may be charged as a third- or fourth-degree crime. A third-degree charge can result in up to five years in prison, while a fourth-degree charge may carry up to 18 months.
• Restraining Orders: Victims of stalking often seek temporary or permanent restraining orders, which can severely limit your ability to contact the alleged victim, visit your home, or see your children.
• Social and Professional Impact: A stalking accusation can damage your reputation, relationships, and career. Employers and professional organizations may take action if you are convicted.

Defending Against a Stalking Charge

If you have been accused of stalking, it’s essential to seek expert legal representation immediately. Stalking charges often rely heavily on circumstantial evidence and subjective interpretations of behavior. An experienced defense attorney can challenge the prosecution’s case by:

• Examining the credibility of the alleged victim’s claims.
• Analyzing communication records, surveillance footage, or witness testimony.
• Demonstrating that the alleged conduct does not meet the legal criteria for stalking.

Reisig Criminal Defense & DWI Law has decades of experience handling complex domestic violence cases, including stalking charges. Their knowledge of New Jersey’s legal system and familiarity with local prosecutors give them a strategic advantage in building a strong defense.

Why Choose Reisig Criminal Defense & DWI Law?

For nearly 30 years, Reisig Criminal Defense & DWI Law has been a trusted advocate for individuals facing domestic violence charges in New Jersey. Their reputation for excellence is built on a track record of success in achieving favorable outcomes for clients. Whether through skillful negotiation, dismissal of charges, or a successful defense at trial, Reisig Law fights tirelessly to protect your rights and your future.

Take Immediate Action

If you or a loved one has been accused of stalking or any other domestic violence offense, time is of the essence. Early intervention by an experienced attorney can make all the difference in the outcome of your case. Call Matthew Reisig today at 732-625-9661 for a free consultation. Protect your rights and ensure you have a dedicated legal advocate by your side.

The Plaintiff, this is the alleged victim of the domestic violence.

The burden in a Final Restraining Order hearing is only a preponderance of the evidence standard.

In plain English, this standard is met if the evidence proves that it is more likely than not that domestic violence has occurred.

If you or a family member are dealing with domestic violence, call us call us at 732-625-9661.

Not always, the police have no authority to issue a Temporary Restraining Order. The alleged victim of Domestic Violence or Domestic Assault is the only entity that can seek a Temporary Restraining Order.

A Superior Court judge or Municipal Court judge is the only entity that can issue a Temporary Restraining Order.

Consider the following example: A husband strikes his wife and causes a bloody nose. She calls 911 and the police arrive to the residence.

The police see visible sign of injury, which is the wife’s bloody nose. The wife tells the police that the husband hit her, causing the bloody nose.

In this circumstance, the police are required under New Jersey law to charge the husband with Simple Assault.

At this time, the police will ask the wife if she wants to apply for a Temporary Restraining Order. The police cannot force the wife to do so.

If the wife refuses to apply for a Temporary Restraining Order, there is no Restraining Order. However, the husband is charged with the criminal offense of Simple Assault.

In the above example, the husband is charged with a criminal offense, but no Restraining Order was issued.

If you or a family member have been arrested for Domestic Violence in New Jersey, call me at 732-625-9661.

No, the Prevention of Domestic Violence Act is civil in nature. A Final Restraining Order hearing is a civil proceeding. There is no crime or criminal offense in New Jersey of Domestic Violence.

For instance, if a husband hits his wife and she calls 911, the police will arrive.

If the police determine that the husband hit his wife, they will ask her if she wants to apply for a Temporary Restraining Order. That is not a criminal charge.

However, a husband under the scenario described above can also be charged with a criminal offense.

For instance, he can be charged with Simple Assault or Aggravated Assault depending on the severity of his wife’s injury. This would be in addition to a Temporary Restraining Order that his wife could apply for.

Therefore, a Domestic Violence case could have simultaneous criminal charges and a Temporary Restraining Order relating to the same facts and circumstances.

In this example, the husband could have criminal charges in either Municipal Court or Superior Court and be defending a Final Restraining Order in the Superior Court-Family Part at the same time.

It cannot be overstated how complex Domestic Violence is in the state of New Jersey.

The individual who is subject to a Temporary Restraining Order which could convert to a Final Restraining Order who may or may not also be charged with companion criminal offenses should consult with an experienced criminal attorney at the moment they are served with a Temporary Restraining Order and/or their companion criminal charges.