Newark, New Jersey, Domestic Violence Lawyers

When a client is charged with Domestic Violence, the lawyers at Bailey & Orozco know that the issuance of a Restraining Order is often accompanied with the filing of criminal charges. Each of these matters need to be addressed immediately, in order to mitigate or minimize the impact each can have on the life of the client. While each matter will proceed independently of the other, minimizing the impact of the TRO/FRO can have a significant impact on the chances of getting the criminal charges dismissed.

Minimizing the Temporary Restraining Order

A 'Temporary Restraining Order' is issued when a victim requests the protection of the Court. A TRO is a Court Order which sets the conditions and prohibitions under which the victim and the client will act. The TRO is not discretionary on either party. A violation of the Order by the client will expose the client to sanctions for the violation, impact the ability of counsel to reduce the conditions or prohibitions when the FRO hearing is held, and potentially result in additional criminal charges.

To prepare for the FRO hearing, a client should make every effort to avoid a violation of the RO by:

• Complying with all conditions of the TRO.
• Comply with all prohibitions of the TRO.
• Not making any statements to anyone about the incident.
• Obtaining legal counsel.
• Avoiding all contact with the victim.
• Answering no calls; and, by not replying to any texts, emails, letters, if they are from the victim.
• Saving all incoming phone messages, texts, emails and letters from the victim.

E-mail us or call us at 866-919-6193 today for a Free Consultation

Minimizing the Final Restraining Order

When the FRO hearing is held, the client's strict compliance with the terms of the TRO can be used to show the Court that the TRO is not necessary to protect the victim. Financial records can be used to establish the client's actual ability to pay separate support or restitution to the victim. Providing the Court with a sufficient basis to reduce or eliminate a TRO, before it becomes an FRO, is essential to minimizing the impact a RO can have on the life of the client.

Minimizing DV Criminal Charges

A DV incident may also result in the filing of criminal charges against the client. When this occurs, the criminal charges will be presented before a Judge who hears just the criminal part of the case. The client may have to post bail; attend court proceedings; develop a defense to the criminal charges; and, avoid doing anything in the civil proceeding that can unknowingly impact the client's rights in the criminal proceeding.

At Bailey & Orozco, we frequently represent clients who have been charged with domestic violence, in both the civil RO proceedings; and, in the criminal proceedings. This provides our clients with the benefit of having an experienced criminal defense lawyer protect their constitutional rights in regards to the criminal charge, while minimizing the potential impact a RO can have on their life.