New Jersey has many laws in place to protect victims of domestic violence, including procedures to streamline the issuance of restraining orders. While a restraining order must be based on a violation of the criminal laws, it is not a criminal complaint itself. It is a civil proceeding heard by a Family Court judge, without a jury.
A final restraining order does not require proof beyond a reasonable doubt, nor does a defendant have a right to full discovery of the plaintiff’s case beforehand. However, both parties still have certain rights, including the right to be on notice of the allegations against them, and the right to call witnesses on their behalf.
We have represented both plaintiffs and defendants in Final Restraining Order hearings throughout the state. We can make sure that you are aware of your rights, and that the judge hears your side of the story.
We can discuss your case and choose the course of action that is right for you. Every case is handled in a confidential and discreet manner. To set up your free initial consultation, contact Benedict and Altman today.