Temporary Restraining Order Sample Without Notice In Middlesex
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In addition, you must establish the requisite proofs for a Judge to enter a TRO. Specifically, that a predicate act of domestic violence occurred, that there is a prior history of domestic violence between the parties, and that you are reasonable to be in fear of the defendant and need the protection of the court.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
Temporary restraining orders generally only last until the final restraining order hearing, which usually happens within ten days. If the plaintiff doesn't show up for the FRO hearing, the TRO will expire. If the judge issues a FRO, it will not expire.
Restraining orders are civil actions and may be in effect independently of any criminal charges of domestic violence. As such, neither TROs nor FROs are noted on criminal records and do not show up in standard criminal background checks.
Getting a temporary restraining order in NJ is easier to obtain than a final one, as it has a more flexible evidentiary basis, and the judge must simply have a sufficient basis to believe that domestic violence happened.
Once a temporary restraining order (known as a “TRO”) is issued, it's not so easy to dismiss it. It requires going to court, meeting with a domestic violence counselor, filling out paperwork, and then putting the dismissal on the record in court in front of a judge.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
