FEDERAL CRIMINAL LAWYERS

Flemington NJ Restraining Order Attorney

You got served with a temporary restraining order last week in Flemington NJ or you have a final restraining order hearing scheduled at the Hunterdon County Family Court at 65 Park Avenue in Flemington, maybe after a domestic dispute where police were called and you were arrested with a TRO issued immediately, or the alleged victim filed for a restraining order and now you have an FRO hearing coming up in the next few days, or you cannot return to your home because of the TRO, or you had to surrender your firearms within 24 hours and you’re worried about never getting them back. You don’t understand the difference between the TRO (temporary restraining order) that’s in effect now and the FRO (final restraining order) that the judge could issue at the hearing—you don’t know that the TRO is only temporary until the hearing but the FRO would be permanent with no expiration date. You don’t know which of the 19 predicate acts under New Jersey’s Prevention of Domestic Violence Act apply to your situation, you don’t understand that the burden of proof is preponderance of the evidence (more likely than not) which is much lower than the beyond reasonable doubt standard used in criminal cases, you’re worried about the FRO being permanent and appearing on background checks forever, and you’re concerned about impacts on firearms rights, child custody arrangements, and employment.

The answer depends on multiple factors including whether the alleged victim can prove by preponderance of the evidence at the FRO hearing at Hunterdon County Family Court at 65 Park Avenue in Flemington that you committed one of the 19 predicate acts listed in N.J.S.A. 2C:25-19 AND that a restraining order is necessary for their future protection. The FRO if issued is permanent with no expiration date—it can only be dismissed if the plaintiff files a motion to dissolve it years later. The 19 predicate acts include assault, harassment, terroristic threats, stalking, criminal mischief, burglary, sexual assault, and 12 other specified crimes, and the judge at the Flemington Family Court must find that one of these acts occurred and that you’re likely to commit domestic violence in the future before issuing the FRO. Violation of a final restraining order is criminal contempt under N.J.S.A. 2C:29-9 carrying up to 18 months in state prison for fourth-degree contempt or 6 months in county jail for disorderly persons contempt, making it critical to defend the FRO hearing aggressively before the order is issued rather than risk violating it later.

Thanks for visiting Spodek Law Group. Our founder Todd Spodek earned his Bachelor of Science in Criminal Justice from Northeastern University in Boston and his Juris Doctor from the Elisabeth Haub School of Law at Pace University in White Plains, New York. During and after college, Todd worked at some of the largest law firms in Boston and New York, first as a file clerk then as a paralegal preparing multi-defendant cases for trial. During law school he was recommended for Moot Court where he successfully argued criminal cases. Todd is a second-generation attorney—Spodek Law Group was originally established in 1976, making it a nearly 50-year-old family-owned criminal defense practice. With over 20 years of experience practicing criminal defense, Todd has handled thousands of tough cases throughout his career and secured numerous acquittals at trial for clients facing the most serious charges including Felony Murder, Depraved Indifference Murder, Assault, Robbery, Menacing, Harassment, and Predatory Sexual Assault. His exceptional work has garnered national media attention—he represented Anna Delvey (Anna Sorokin) in her high-profile grand larceny case that was featured in a Netflix special series released in 2022, represented the juror at the center of Ghislaine Maxwell’s bid for a mistrial, and handled the Faith Walk Ministry case involving over $1.2 million in pandemic fraud charges. Todd’s work has been featured in the New York Post, Newsweek, Fox 5, Business Insider, and Bloomberg. Spodek Law Group has received over 700 client reviews reflecting our commitment to exceptional service and results. We’ve represented many, many clients facing restraining order hearings at the Hunterdon County Family Court in Flemington at 65 Park Avenue, and we’ve achieved many, many successful outcomes including TROs being dismissed before the FRO hearing, FRO applications being denied after full trial demonstrating the predicate act didn’t occur or protection wasn’t needed, and successful challenges showing the alleged victim had ulterior motives related to custody disputes or divorce proceedings. If you’re reaching out to us—we understand the stakes you’re facing.

Flemington Family Court and FRO Hearing Process

The Hunterdon County Family Court is located at 65 Park Avenue in Flemington NJ where all FRO hearings for Hunterdon County are conducted. When you’re served with a TRO, the hearing notice will specify the date and time you must appear at this courthouse for the FRO hearing—typically scheduled within 10 days of the TRO issuance. The TRO remains in effect until the FRO hearing, meaning you cannot contact the alleged victim, cannot return to any shared residence, and must have already surrendered all firearms and ammunition. At the FRO hearing, this is a full trial where both parties testify, present witnesses, and submit evidence, with the alleged victim (plaintiff) bearing the burden of proving two required elements: first, that you committed one of the 19 predicate acts under New Jersey’s Prevention of Domestic Violence Act, and second, that a final restraining order is necessary for their protection going forward. The burden of proof is preponderance of the evidence—meaning more likely than not, roughly 51% certainty—which is much lower than the beyond reasonable doubt standard used in criminal cases. This means the alleged victim doesn’t need to prove their case to the same high standard required for criminal conviction, making it easier for them to obtain an FRO even if the criminal case results in acquittal or dismissal. However, even if the alleged victim proves a predicate act occurred, the judge at Flemington Family Court may still deny the FRO if they find that a restraining order isn’t necessary for protection based on the totality of circumstances, relationship history, and likelihood of future domestic violence.

Todd Spodek’s Strategic Approach to Flemington Restraining Order Defense

In restraining order cases at Flemington Family Court, Todd Spodek employs sophisticated defense strategies challenging both required elements—whether the predicate act occurred and whether protection is necessary. He cross-examines the alleged victim about inconsistencies in their testimony, ulterior motives to obtain the restraining order (pending divorce, child custody dispute, property settlement), whether they have a history of making false accusations, and whether physical evidence supports or contradicts their claims. He presents evidence that the defendant acted in lawful self-defense under N.J.S.A. 2C:3-4, that the situation involved mutual combat with both parties as aggressors, that the alleged victim was actually the initial aggressor, or that the alleged predicate act simply didn’t occur as claimed. Even if some incident occurred, Todd argues that a permanent restraining order isn’t necessary for protection based on the relationship history showing no pattern of domestic violence, the isolated nature of the incident, the defendant’s lack of any prior domestic violence, and the totality of circumstances demonstrating no likelihood of future violence. He presents character witnesses attesting to the defendant’s peaceful nature and lack of violence throughout their life. At Flemington Family Court specifically, Todd understands the local judges’ approaches and what evidence resonates in these hearings. The consequences of an FRO are severe and permanent—it appears on the NJDCR domestic violence central registry checked by employers and housing authorities, it requires permanent surrender of all firearms, it can affect child custody and visitation arrangements, it impacts employment especially in law enforcement and healthcare fields, and violation is a criminal offense carrying up to 18 months prison. Since the FRO has no expiration date and remains in effect permanently unless the plaintiff later files to dissolve it, aggressive defense at the initial FRO hearing in Flemington is essential to prevent issuance rather than trying to get it removed years later when the plaintiff may refuse to cooperate in dismissing it.

Call 212-300-5196.