New Jersey Final Restraining Order Lawyers
Permanent Restraining Orders in New Jersey Never Expire
The NJ final restraining order lawyers at the Tormey Law Firm LLC represent clients including in Paterson, Jersey City, New Brunswick, Elizabeth, and Somerville. Our lawyers have literally handled hundreds of restraining order trials and know the law and how to best fight for your interests in court. A restraining order matter is a civil case in New Jersey but it can have serious long lasting implications for your life, your career, and your family. Contact our offices now for immediate assistance at 201-556-1571. The initial consultation is always provided free of charge. Mr. Tormey has received the AVVO.com clients choice award in 2013, 2014, 2015, and 2016 and is the highest rated 10.0 attorney on AVVO.com.
Here is a review from one of the many satisfied restraining order clients of the Tormey Law Firm:
“My brother had actually consulted and hired Mr Travis Tormey in regards to a TRO against him. Things got a bit more complicated whereas I needed to contact the law office several times and spoke with Joanne, who was extremely helpful, patient and totally understanding. When I had to speak to Travis I would text him and he would communicate with me in a timely fashion considering he was busy in court or had to wait to hear from his partners, who were also involved in the case. Overall the professionalism and expertise in their field was exceptional. In court they defended my brother with such compassion and dedication to their client. At the conclusion, case was dismissed thanks to both Travis and Tom. They demonstrated their strong capabilities and passion that I feel merit them a five star review. I would definitely recommend this law firm to anyone in need of legal advice or defense.”
Here are some real life restraining order matters that were successfully handled by the NJ restraining order lawyers at the Tormey Law Firm LLC:
- Hunterdon County NJ restraining order dismissed
- Restraining order dismissed in Warren County NJ
- Morristown NJ Restraining Order Lawyers
- Bergen County NJ restraining order attorneys
Final Restraining Order Hearings in New Jersey
Once a temporary restraining order (TRO) is filed, the final restraining order (FRO) hearing is usually scheduled within 10 days after the defendant is served with the paperwork. The final hearing will be held in the Superior Court in the family division in the county in which the TRO was filed. The hearing is held before a Superior Court Judge, there is no jury involved. Both the plaintiff and defendant can hire an attorney to represent them at this hearing, but they don’t have to. Because it is a civil matter and not criminal, the parties are not entitled to a “free lawyer” from the State, so there are no public defenders on restraining order matters.
Again, because it is a civil case and not criminal, the standard is different. The standard of proof is by a preponderance of the evidence which basically means “more likely than not”. The plaintiff must establish each element of the case by 51% in order to sustain the burden of proof. If the plaintiff establishes all the necessary requirements including a predicate act of domestic violence, a prior history of domestic violence, and that a restraining order is necessary to protect them, then the judge will issue the final restraining order. If not, then the restraining order will be dismissed.
The plaintiff has the burden of proof and goes first. He or she can testify, provide evidence such as text messages, emails, voicemails, photographs, police reports, etc. The defendant will have an opportunity to cross examine the plaintiff and any other witnesses that testify. Once the plaintiff rests, it is the defendant’s turn to testify and admit any evidence that he or she has.
If the final restraining order is issued, the defendant can have no further contact with the plaintiff. If the defendant fails to comply with the restraining order, he or she will be arrested by the police and charged with contempt of court for violating the restraining order. On a second restraining order violation, the defendant must serve jail time. In addition, the defendant will be fingerprinted, placed in a statewide database for domestic violence offenders, can’t own firearms, etc.
As you can see, a final restraining order can have serious long lasting implications on your life. In addition, in New Jersey unlike some other states, these restraining orders are permanent and never expire. As a result, it is imperative that you avoid having a final restraining order placed on you. For more information, contact our NJ restraining order lawyers now for a free initial consultation at 201-556-1571.