What to Do If You Have Been Charged with a Temporary Restraining Order?

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Restraining orders are often invoked in cases where the petitioner has a reasonable fear for their safety, but these orders are sometimes misused. If you have been charged with a temporary restraining order in New Jersey and want to know more about your legal rights, you’ll find the information below helpful.

A temporary restraining order can be issued by a judge as an emergency measure when someone is being threatened with imminent physical harm. They are typically issued without notice and last only for long enough to allow the “party who is not from whom protection is sought” time to get help, file an application for the final restraining order, and go back before the court on another date.

Here are some things you will want to do if you’ve been charged with a temporary restraining order:

1. Seek the legal guidance of an experienced attorney

A trained and experienced legal representative can help you build a comprehensive defense against the charges. While temporary restraining orders are often issued on an emergency basis, there are certain things you can do to clear your name with the court. You will want to speak with an attorney as soon as possible in order to avoid any unnecessary delays.

2. Be aware of the conditions on your temporary restraining order

It is important to know whether the temporary restraining order has conditions attached to it. These conditions can include reporting your whereabouts, giving up weapons, and being confined to your home with permission. If you are asked to give up items such as firearms or knives, you should immediately turn them over and tell the court that you will comply with their requests. The issue of why you were given a temporary restraining order may also be important in your case.

3. Monitor the status of the restraining order

Once you have retained counsel, it will be important for you to check the status of your temporary restraining order often. This can be done by calling the court or visiting the official Web page of the city or county where your case is being heard. If you discover that a temporary restraining order has been granted while you were not present before a judge, it may mean that your attorney did not advise you of its issuance.

4. Prepare for the final restraining order hearing

You can prepare for your final restraining order hearing by ensuring that you have submitted all of the required documents and paperwork. This will make it easier for you to present a case in opposition to the temporary restraining order.