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Preventing A Temporary Restraining Order From Becoming Permanent

Preventing A Temporary Restraining Order From Becoming PermanentPreventing A Temporary Restraining Order From Becoming Permanent

As in other states, in New Jersey, alleged victims of psychological or physical domestic violence may seek protection by requesting a temporary restraining order. A TRO may prevent an alleged abuser from making contact with their accuser, whether in person or through other forms of communication.

In some cases, police officers may file a temporary restraining order even though the alleged victim does not wish to do so. However, whether an officer or individual requested the original TRO, the alleged abuser may face a permanent, or final, restraining order if he or she fails to offer a strong legal defense.

What happens after receiving a TRO?

An individual who receives a temporary restraining order must attend an official hearing before a judge within a short period of time after the TRO goes into effect. During this hearing, both sides have the opportunity to explain to the court why a restraining order may or may not be necessary.

Why fight a permanent restraining order?

A TRO hearing is essential for determining the true nature of the conflict between individuals and determining whether claims of abuse are valid. Failing to defend oneself at a TRO hearing may result in a final restraining order that may have a permanent impact on a person’s life and livelihood. In addition to creating a permanent criminal record, a FRO may lead to serious barriers to employment, housing, educational opportunities and more.

Too often alleged perpetrators of domestic violence become the victims of the very laws meant to prevent abuse. Those facing potentially baseless or faulty claims should know that presenting a solid defense against abuse charges may help prevent a TRO or FRO from derailing their lives.

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