Final Restraining Orders (FRO)

PASSAIC, BERGEN, HUDSON, MORRIS AND ESSEX COUNTY DOMESTIC VIOLENCE ATTORNEY

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What You Need to Know 

A Final Hearing is described in N.J.S.A. 2C:25-29a as follows:

A hearing shall be held in the Family Division of the Chancery Division of the Superior Court within 10 days of the filing of a complaint in the county where the ex parte restraints were ordered unless good cause is shown for the hearing to be held elsewhere.

A copy of the complaint shall be served on the defendant in conformity with the Rules of Court. If a criminal complaint arising out of the same incident that is the subject matter of a complaint brought under N.J.S.A. 2C:25-28a has been filed, testimony given by the plaintiff or defendant in the domestic violence matter shall not be used in the simultaneous or subsequent criminal proceeding against the defendant, other than domestic violence contempt matters and where it would otherwise be admissible hearsay under the Rules of Evidence that govern unavailable parties.

At the hearing, the standard for proving the allegations in the complaint shall be by a preponderance of the evidence.

The court shall consider but not be limited to the following factors:

(1) The previous history of domestic violence between the plaintiff and defendant including threats, harassment and physical abuse;

(2) The existence of immediate danger to person or property;

(3) The financial circumstances of the plaintiff and defendant;

(4) The best interests of the victim and any child; IV - 13

(5) In determining custody and visitation, the protection of the victim's safety; and

(6) The existence of a verifiable order of protection from another jurisdiction.

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