What Is The Harm In Delaying A Final Restraining Order?
- February 19, 2014
- No comments
When a NJ Superior Court judge made the decision to issue a Final Restraining Order (FRO) in the defendant’s absence in a domestic violence case, the NJ Appellate Court reversed. Due to the substantial ramifications to an individual once an FRO is issued against them for the presumed need for protection by the victim of the alleged domestic violence, the Appellate Court determined that it was a violation of the defendant’s due process rights to prevent him from the opportunity to participate in his defense. The NJ Appellate Division judges held that, when the case was less than one month old and the alleged victim had the benefit of a Temporary Restraining Order (TRO), defendant had retained counsel for the hearing and counsel requested only a brief adjournment and defendant offered a valid physician’s note explaining his failure to appear at the hearing, the trial judge erred in denying defendant’s motion to vacate the FRO. The trial judge, in denying the defendant’s motion to vacate the domestic violence FRO in O.K-H. v. D.H., made a finding on the papers submitted that the defendant and his physician lacked credibility and the defendant was attempting to abuse the criminal justice system. A Final Restraining Order can have severe consequences on your future including the loss of professional licenses or opportunities, the inability to own or possess a firearm and the social stigma associated with the restraints against you. If you are facing an FRO or believe you need the benefit of an FRO against another for your protection, you should consult an experienced criminal defense attorney to ensure your rights are protected. For more information about domestic violence, restraining orders, assault, harassment or other criminal or municipal court matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney in your matter.