John Brennan is South Jersey Attorney for Victims of Domestic Violence
Victims of domestic violence need an attorney as much as a defendant in a domestic violence case. After a temporary restraining order is granted, a date is set, usually within 10 days for a final restraining order hearing called an FRO. At the FRO hearing, the burden is on the victim to prove two things by a preponderance of the evidence. The first thing that must be proven is that the underlying criminal offense stated in the temporary restraining order did in fact occur. The second thing that must be proven is that there is a continuing need for the protection of the victim. This evidence must be presented in a legally acceptable way by use of the rules of evidence. Both elements must be established by a preponderance of the evidence to the satisfaction of the court.
The Accused Have Attorneys and So Should the Victims of Domestic Violence
The defendant in all likelihood will have an attorney, who, in the best interests of his client, will object if the proper legal procedures are not followed. It is important that the victim have representation to help them establish the elements of the offense and to convince the court of the need for continuing protection. Although the court may be sympathetic to your plight, it cannot help you with the presentation of your case.
John Brennan, the South Jersey attorney for Victims of Domestic Violence
It is essential to retain an attorney in the aftermath of a domestic violence incident. Whether you wish to have the full protection of the Prevention of Domestic Violence Act and seek a final restraining order or whether you choose to drop the order after thorough consideration of your circumstances. My offices are located in Burlington County and I serve clients throughout South Jersey. I have the competence, compassion and credentials to help you through this emotionally charged experience.
Representing Victims in: