Q: I filed a temporary restraining order against my boyfriend's brother, is it possible for me to get a permanent one?
I am also filing assault charges against him as well. We reside in the same house.
A:
After you filed the TRO you are given a court date (if the judge granted you the TRO) to proceed with an FRO hearing.
This FRO hearing will determine whether or not a permanent restraining order will be ordered. During this hearing you will have the right to testify, call witness and try and convince the judge that you meet the element of an FRO.
Those (3) elements are: (1) Jurisdiction, i.e., the plaintiff qualifies as a “victim” under the Act (a spouse, former spouse or present or former household member), N.J.S.A. 2C:25-19d; (2) the defendant committed an act of “Domestic Violence”, i.e., a predicate act, such as harassment, terroristic threats, criminal mischief or simple assault, N.J.S.A. 2C:25-19a, Cesare v. Cesare, 154 N.J. 394 (1998); and (3) a need to protect plaintiff against a future act of domestic violence.
Remember, the burden to prove this is preponderance of the evidence, which is a lower burden than beyond a reasonable doubt (criminal cases).
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