Restraining Order Lawyer Near Me

Restraining order allegations carry serious consequences in New Jersey. A temporary restraining order can be issued quickly, often on the same day a complaint is filed, and a final restraining order can impose permanent restrictions on where you can live, work, and go. If you have been served with a restraining order or face accusations that could lead to one, experienced legal guidance is available. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team concentrate in criminal defense matters across New Jersey, including defending against restraining order allegations and related criminal charges. Reach our firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Restraining Order Allegations Mean in New Jersey

New Jersey’s Prevention of Domestic Violence Act, codified at the Prevention of Domestic Violence Act and following sections, governs the issuance of restraining orders in this state. A person who claims to be a victim of domestic violence may seek a temporary restraining order, known as a TRO, from the Superior Court, Family Part. The TRO can be granted on an emergency basis, sometimes without the accused person present. Once a TRO is issued, a hearing for a final restraining order, or FRO, is typically scheduled within ten days. At that hearing, both sides present evidence and testimony before a judge decides whether to make the order permanent.

The scope of a final restraining order in New Jersey is broad. It can bar contact with the protected person, remove the defendant from a shared residence, award temporary custody of children, and impose financial obligations such as child support or temporary spousal maintenance. A final restraining order is permanent unless a court later dissolves it upon a showing of good cause. The order also appears in the New Jersey domestic violence central registry, which can affect background checks for employment, firearms possession rights, and professional licensing. Because the stakes are high, having experienced counsel at the final hearing is important.

Restraining order allegations often accompany related criminal charges. In New Jersey, violating a final restraining order is a criminal offense under New Jersey law, graded as a disorderly persons offense unless additional criminal conduct is involved. A disorderly persons conviction carries up to six months in jail and a fine of up to one thousand dollars. If the alleged violation involves assault, stalking, or other indictable conduct, the defendant may face charges in the Superior Court, Law Division, Criminal Part, with exposure to state prison. Mr. Sris and his Of Counsel appear in courts across New Jersey on these matters.

How Mr. Sris and His Of Counsel Handle Restraining Order Cases

When a client contacts Law Offices Of SRIS, P.C. concerning a restraining order, the legal team starts by examining the allegations in the complaint. Understanding the specific facts alleged and the relationship between the parties is the foundation for building a defense. The team reviews the procedural history of any related criminal charges and determines whether the restraining order was sought in connection with an arrest or independent of one. Mr. Sris and his Of Counsel bring extensive combined legal experience to this work. Results may vary.

At a final restraining order hearing, the judge considers whether a predicate act of domestic violence occurred and whether a final order is necessary to protect the plaintiff from future abuse. The defense may challenge the credibility of the allegations, present contradictory evidence, or demonstrate that the statutory elements of a domestic violence offense were not met. New Jersey courts have recognized that not every dispute between household members rises to the level of domestic violence warranting an FRO. Mr. Sris and his Of Counsel prepare thoroughly for these hearings, examining the evidence and presenting the client’s side of the story in a clear, organized manner.

When criminal charges accompany a restraining order, the defense strategy addresses both proceedings in a coordinated way. A statement made at a restraining order hearing can be used in a criminal prosecution, so careful planning is necessary. Mr. Sris, a former prosecutor, understands how these dual proceedings intersect and works with his Of Counsel to protect the client’s interests at each stage. The team also evaluates whether New Jersey’s Criminal Justice Reform Act of 2017, which abolished cash bail, affects the client’s pretrial release conditions. Under that act, a Public Safety Assessment determines release, and additional conditions may be imposed if an active restraining order is in place.

About Mr. Sris and His Of Counsel Team

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and serves as its Owner and Founder. Admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he concentrates in criminal defense matters and personally handles complex cases. His background as a former prosecutor informs his approach to restraining order defense, as he understands how the state builds its case and where weaknesses in the evidence may lie. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).

Mr. Sris is supported by his Of Counsel, experienced attorneys who contribute their own backgrounds and training to the firm’s criminal defense practice. Each Of Counsel is engaged through Excella and brings extensive legal experience to the cases they handle. Together, Mr. Sris and his Of Counsel provide representation in restraining order hearings and related criminal proceedings across New Jersey. They appear in the Family Part and Criminal Part of the Superior Court in counties throughout the state. Reach our firm at (888) 437-7747 to schedule a consultation.

Frequently Asked Questions

What is a restraining order in New Jersey?

A restraining order in New Jersey is a court order that prohibits one person from contacting, harassing, or being near another person, issued under the Prevention of Domestic Violence Act. There are two types: a temporary restraining order, which provides immediate protection before a full hearing, and a final restraining order, which imposes permanent restrictions after a judge finds that a predicate act of domestic violence occurred and that the order is necessary for the plaintiff’s protection. An FRO can affect custody, housing, and firearms rights.

Can I defend against a final restraining order in New Jersey?

Yes, defendants have the right to present evidence, cross-examine witnesses, and challenge the allegations at a final restraining order hearing. The plaintiff must prove a predicate act of domestic violence by a preponderance of the evidence and show that a final order is necessary. An experienced defense attorney can contest whether the alleged conduct meets the statutory definition of domestic violence and whether the order is genuinely needed for protection. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What happens if I am accused of violating a restraining order in New Jersey?

Violating a final restraining order is a criminal offense in New Jersey, classified as a disorderly persons offense under New Jersey law. If the violation involves additional criminal conduct, such as assault or stalking, the defendant may face indictable charges carrying state prison exposure. A conviction can result in jail time, fines, and a criminal record. New Jersey’s pretrial release system relies on a Public Safety Assessment rather than cash bail. The court may impose additional restrictions pending trial.

How does a criminal charge relate to a restraining order in New Jersey?

A criminal complaint for domestic violence and a restraining order application often proceed simultaneously in New Jersey. The criminal case addresses charges such as simple assault, aggravated assault, harassment, or stalking, while the Family Part handles the restraining order. Statements made in either proceeding can affect the other. A conviction in the criminal case can support the issuance of an FRO, and the existence of an FRO can influence bail conditions and sentencing. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.

Where can I find a restraining order lawyer near me in New Jersey?

Law Offices Of SRIS, P.C. represents clients in restraining order matters throughout New Jersey, appearing in the Superior Court, Family Part and Criminal Part, in all twenty-one counties. The firm’s New Jersey location serves clients from Hunterdon County to Bergen County and south to Cape May County. Mr. Sris and his Of Counsel handle restraining order hearings and related criminal defense. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What should I do if a temporary restraining order has been issued against me?

If you have been served with a temporary restraining order in New Jersey, comply strictly with its terms and contact an attorney immediately. The order remains in effect until the final hearing, which is typically scheduled within ten days. Do not contact the plaintiff or go to locations the order prohibits, even if you believe the allegations are unfounded. Violating a TRO can result in criminal contempt charges. Gather any relevant evidence, including text messages, emails, and witness information, and bring them to your consultation.

For comprehensive information about criminal defense representation in New Jersey, visit our New Jersey criminal defense practice page. If you are also facing domestic violence charges, our New Jersey domestic violence defense page addresses those matters in detail.

Primary source reference: New Jersey Prevention of Domestic Violence Act — the Prevention of Domestic Violence Act et seq. (New Jersey Legislature). Additional procedural information is available from the New Jersey Courts website.

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Results may vary. Case results depend on a variety of factors unique to each case.