Protect Your Rights – NJ TRO Defense Lawyer
You just got served with a TRO. Police at your door. You're ordered out of your own home. Your guns - confiscated. You haven't even had a chance to speak. This is how it starts in New Jersey.
You have 10 days.
The TRO isn't temporary in any real sense. It's a countdown. In 10 days, the court holds a Final Restraining Order hearing. If you lose - and most people do - that order becomes permanent. Not "until next year." Not "subject to review." Permanent. New Jersey is one of the only states where FROs never expire.
Welcome to Spodek Law Group. We defend people facing TROs and FRO hearings throughout New Jersey. If you've been served, if you're trying to figure out what just happened and what comes next - this article explains exactly what you're up against and what options exist.
Most people walk into FRO hearings unprepared. They think they'll "explain their side" and the judge will see the truth. They don't understand the standard of proof. They don't know the legal test. They represent themselves becuase nobody tells them the court won't provide an attorney. They lose. Here's what you actualy need to know.
The 10-Day Countdown You Didn't Know Started
The TRO was issued ex parte. That means the judge heard one side - the plaintiff's side - and you weren't there. No cross-examination. No defense. No oportunity to respond. By the time the police showed up at your door, the order already existed. The system is designed this way.
Under New Jersey's Prevention of Domestic Violence Act, a person can request a TRO by alleging one of 18 "predicate acts" - everthing from assault to harassment to criminal mischief. The standard for issuing a TRO is low: the judge just needs a "sufficient basis to believe" domestic violence occured. One person's allegations. One judge. One decision. Thats how quick it happens.
From the moment that TRO is issued, your facing a 10-day countdown until the FRO hearing. That's 10 days to find a lawyer. 10 days to gather evidence - texts, emails, witnesses who can testify. 10 days to understand what your actualy facing. Most people spend those 10 days in shock. There processing what happened. By day 7, there scrambling. By day 10, there walking into court with nothing prepared.
"But can't I just explain what really happened?" You can. But explaining is not the same as defending. The plaintiff has had time to prepare. They've already told their story once - when they got the TRO. You're hearing the allegations for the first time. You're emotional. You're reactive. That's not a position of strength.
The 10-day window requires specific actions. Identify potental witnesses who can speak to your character or contradict the allegations. Gather documentary evidence - text message threads, emails, timestamps that contradict there version of events. Understand the specific predicate act being alleged and whether it actualy meets the legal defenition. Prepare to address the Silver v. Silver two-prong test the judge will apply. None of this happens by accident and most people dont realize how much work goes into it.
And if you lose? That "temporary" order becomes permanant. In New Jersey, that word means somthing specific.
Why "Permanent" Means What It Says
Most states have "sunset provisions" for restraining orders. The order expires after a year or two, and the plaintiff has to return to court to justify continuing it. New Jersey dosent work that way. A Final Restraining Order issued in New Jersey remains in force indefinately. There is no experation date. An FRO issued at 25 follows you at 65.
The only way to remove an FRO is for the plaintiff to voluntaraly ask the court to lift it, or for you to file a motion to dissolve. Motions to dissolve require showing "good cause" and face a high bar. Courts are reluctent to remove protections they've already put in place. Most FROs stay in effect for life.
Heres the paradox that catches people off guard. Restraining orders are classified as "civil" matters. Not criminal. But the consquences are criminal-level - and in some ways there worse.
The moment an FRO is issued:
- Your fingerprinted and photographed
- Your name enters the Domestic Violence Registry
- You lose the right to own or posess firearms - permanantly
- You pay a $500 fine
- Background checks flag the order
- Security clearances can be revoked
- Profesional licenses are at risk
- Child custody determinations are prejudiced against you
- Housing applications may be denied
- Immigration status can be effected
And if you violate the order - even accidently - the "civil" designation disapears. A single text message to the protected person triggers an arrest for contempt. First violation: up to 180 days in jail. Second violation: mandatory minimum 30 days. Not discretionary. Mandatory. The judge has no choice in the matter.
This is what's at stake in that FRO hearing. One morning in court. One chance. Here's what actually happens in that room.
What Actually Happens at the FRO Hearing
The FRO hearing is not a criminal trial. The burden of proof is "preponderance of the evidence" - essentialy 51%. The plaintiff doesn't need to prove their case beyond a reasonable doubt. They just need to be more believeable than you. If the judge thinks the plaintiff's version is slightly more likely to be true, you lose.
Under Silver v. Silver, the judge must find two things to issue an FRO. First, that a predicate act of domestic violence occured. Second, that a restraining order is necesary to protect the plaintiff from future acts. Both prongs must be satisfied. If the plaintiff can't prove the predicate act happened, the case fails. If they prove the act but can't show future risk, the case should fail. This is where preperation matters enormously.
Because restraining orders are "civil," the court won't appoint you an attorney. Theres no public defender for FRO hearings. Your facing permanent consequences - loss of firearms, domestic violence registry, potential jail for violations - but you have to find and pay for your own lawyer. On 10 days notice. While your locked out of your home. While your trying to process what just happened.
Most people can't find or afford a lawyer that quickly. They represent themselves. Some don't even show up - and the judge enters a default FRO against them. But here's the inversion most people don't understand: showing up unprepared can be worse than not showing up at all. When you testify without preparation, you're giving the judge a reason to believe the plaintiff. Your own words become evidence against you.
Todd Spodek has handled FRO hearings throughout New Jersey. He understands the Silver test. He knows how to challenge whether the predicate act actually occurred. He knows how to undermine the "future risk" prong. He knows what evidence matters and how to present it effectively. The difference between prepared representation and showing up alone is often the difference between the case being dismissed and living with an FRO forever.
You didn't get a chance to defend yourself when the TRO was issued. The FRO hearing is your chance. Your only chance.
When Your Ready
If you've been served with a TRO in New Jersey - or if you're concerned one might be coming - Spodek Law Group can help you understand exactly where you stand. The consultation is free. No obligation.
What you'll get is an honest assessment. What predicate act is being alleged? What evidence exists on both sides? Is there a path to dismissal, or is this a case where preparation means limiting damage? We'll tell you what realistic outcomes look like - not best-case fantasies, but actual possibilities based on how these hearings go.
Call us at 212-300-5196. The 10-day clock is already running. The earlier you have counsel, the more time exists to build a real defense. Don't walk into that hearing alone.
Were here when you need us.
