Camden County Final Restraining Order Lawyers
Before a court may issue a Final Restraining Order in Camden County, New Jersey, a defendant must be provided with the opportunity to present their case at a hearing. This proceeding is referred to in the Domestic Violence Complaint as the Final Restraining Order Hearing and it must occur within ten (10) days of the Temporary Restraining Order being issued. The defendant has the right to attend this hearing and contest the accusations that form the basis for the restraints. This hearing will take place at the Camden County Courthouse in Camden, New Jersey. Presiding over this hearing will be a Superior Court judge sitting in the Family Division. This judge, as opposed to a jury of you peers, will have the responsibility of deciding whether or not the restraints that presently exist will become permanent and final. If in the unfortunate event a Final Restraining Order is granted against you, the provisions of the order and your inability to engage in any communication or contact with the plaintiff will last forever.
The attorneys at our criminal defense firm in Cherry Hill have considerable experience defending individuals at Final Restraining Order hearings. We have handled hundreds, if not thousands, of these proceedings in the past. We are ready to put our decades of knowledge in action to secure a dismissal of the restraining order entered against you in Camden or locally in the police department of Haddon Township, Voorhees, Winslow or another municipality in the county. Call us 24/7 for a free consultation at 856-662-8300.
Basics Of Final Restraining Order Hearings
Though legal counsel will be aware of the dynamics of this hearing, it is important to avail yourself of some of the basics. First, the defendant has the right to present witness testimony and cross examine witnesses. Second, the Temporary Restraining Order will only become Final Restraining Order if the court makes a specific finding that domestic violence occurred. In determining whether domestic violence occurred, the judge will be applying the relevant facts to a preponderance of the evidence standard. Due to this particular facet of the hearing, the plaintiff is provided with a lower standard necessary to succeed on their claim. Some of the factors that a judge will consider are: 1) previous history of domestic violence between the parties; 2) the existence of immediate danger to person or property; 3) the financial circumstances of the parties; 4) the interests of the victim; and 5) anything else the court views as relevant.
As a defendant, you may also be eligible to recover attorney fees if you are successful in removing a restraining order during the Final Restraining Order hearing. If the party who filed the domestic violence complaint (i.e. alleged victim) did so in bad faith based on their own perjured testimony or suborned testimony, then the court has the power to award attorney’s fees to the defendant. The purpose of this statute is to punish the complainant and deter future improper litigation conduct. Before the court issues this type of award, they will consider plaintiff’s need for counsel fees, defendant’s ability to pay, defendant’s bad faith and the reasonableness of the fees sought.
Any decision issued by the Family Court will be accorded deference upon appellate review. The complexities of presenting your case go well beyond some of the aforementioned hearing mechanics. Restraining Orders are a last resort for parties involved in domestic violence and should not be taken lightly. Protecting victims from future abuse, while juxtaposing the due process rights of a defendant is a difficult process to manage. Therefore, it is a wise to obtain competent legal counsel when you or a loved one are faced with fending off the possible issuance of a Final Restraining Order in Camden, New Jersey.
Highly Experienced Cherry Hill Final Restraining Order Attorneys
The outcome of your restraining order hearing will undoubtedly play a huge part in your future. If you are unsuccessful, you will be forever barred from residing in whatever home, apartment or dwelling you shared with your accuser. You will have a permanent order against you which can result in your arrest upon allegation that you violated the final restraining order. This is an extremely powerful tool that can cause even more pain to you in the future should you be accused of contempt for violating the restraining order. You absolutely need to hire an attorney so that you have the very best opportunity for the restraining order to become permanent/final. So call our Cherry Hill attorneys now at 856-662-8300 to discuss the facts of your case and how we can go about defending you at your scheduled hearing in Camden.