New Jersey Final Restraining Order Lawyers
Permanent Restraining Orders in New Jersey Never Expire
Do you need a lawyer for a domestic violence restraining order in New Jersey? We can help. The 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.
If someone is wrongfully seeking a restraining order against you in New Jersey, you should aggressively oppose that restraining order at the final restraining order hearing. It can be very difficult to dissolve or lift a final restraining order once a judge has heard testimony and decided to enter it. Contact our offices now for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge.
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.
What does a Final Restraining Order (FRO) do?
If the final restraining order is issued, the defendant can have no further contact with the plaintiff. Restraining orders typically prohibit the restrained person from coming within a certain distance of the protected person. An order also prohibits the defendant from texting, calling, speaking to, or otherwise contacting the protected person. It may further prohibit the restrained person from approaching or communicating with the extended family members, friends, roommates, and other relevant associates of the protected person. Restraining orders also require the restrained person to surrender all firearms to the police. An order may assign temporary custody of minor children associated with the restrained and protected persons.
Final restraining orders remain in effect permanently; they do not expire the moment that the protected person reconciles with the restrained person. The restrained person can still be found to have violated a court order even if the protected person invites them back home prior to the expiration of the order. 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, and more.
Fight False Allegations of Domestic Violence in NJ with the Tormey Law Firm
A final restraining order can have serious long lasting implications on your life. 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. A person facing imposition of an unjustified restraining order should consult an experienced lawyer familiar with opposing restraining orders in court. You may be able to put on testimony and other evidence at the hearing to successfully challenge any evidence that may result in entry of a final order against you. For more information, contact our NJ restraining order lawyers now for a free initial consultation at 201-556-1570.
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: