I live in NJ just went thru a bad divorce ex husband works for sheriff dept he got a TRO on me since I sent a email about him tempering with gas line to house. I got denied the TRO against him go figure ..so I got hearing thrown out of county to another county...I am dealing with a social path I just want to be left alone he has been trying to get me in trouble since Feb 9...what happens if I don't show up ...at this point I don't care if TRO goes on me it is actually benefit me even though I have on video him breaking the rules and judge wouldn't watch video. I just want to be left alone. TRO is for haraassment
If you don't show up and the court has proof that you were served, the judge may go forward with your ex's evidence alone, i.e. Without you there to defend yourself. This may or may not result in a final restraining order, depending on the judge's findings. Another option is for the judge to postpone the matter one time to see if you show up. In that case the TRO will stay in place u till further order of the court. Based on what is at steak, it is not a good idea to simply not show up. I have never seen a warrant issued in a situation as you describe. You should definitely consult with an attorney.
The answer above is provided for informational purposes only and does NOT create an attorney-client relationship. Legal issues are complex, and a competent answer can only be provided by an attorney who knows all of the relevant facts. You should consult with an attorney of your choice as soon as possible.
I never suggest that my clients don't fight a TRO for one reason. Its too easily to get violated once an FRO (final restraining order) is placed on you. If you violate an FRO you could end up needing a criminal lawyer thus the reason to fight all TRO's even if you lose. You can violate a FRO even without knowing it such as being in the same supermarket as your ex and not realizing it etc, etc it does not need an actual purposeful act to end up getting a violation and then ending up in jail thus the reason you need to fight it now.
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As the other answers have indicated, the Judge may proceed with the hearing without you, or adjourn in the hopes you are present the next time. It will not be entered in default as the Plaintiff still has to prove they deserve a Final Restraining Order. While you may think that the FRO being placed against you can benefit you, it would be wise to speak with an attorney to get an understanding of what the consequences of having an FRO placed against you actually are. It would also be wise to actually show up on the day of the final hearing, and if you can afford it, or have someone that can help you financially, to have an attorney appear with you and on your behalf. In New Jersey, FROs are forever, so you don't want to just let it be entered against you without having a chance to defend yourself.
I concur with the recommendation of my distinguished colleague attorney H. Scott Aalsberg. You would be wise to use the advice that Attorney H. Scott Aalsberg gave you and setup an in person consultation with an experienced criminal defense lawyer. The advice Attorney H. Scott Aalsberg has furnished to you is 100% correct. You need to immediately protect your rights and hire a criminal defense lawyer although you may think you have a simple question, this is an area where no simple answer exists as everyone's situation is different and the advice is dependent on your facts and not general facts to give you the right answer. The only thing worse than no advice is the wrong advice.
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