Our New Jersey Restraining Order Lawyers: Your Resources
Have Questions about a Restraining Order in NJ? We can Help.
According to the most recent data, there were 62,055 domestic violence offenses reported by police in New Jersey in a single year, which amounts to one act of domestic violence every 8 minutes and 47 seconds. That is over 60,000 relationships thrown into turmoil–people hurt, emotions strained, reputations called into question, futures put on the line. From afar, these numbers are simple math, but when you are one of the people behind the statistic, domestic violence takes on a whole new meaning. If you are the victim of domestic violence or accused of committing an act of domestic violence, you may be thrust into the criminal justice system, as well as the restraining order process. Regardless of whether you are the plaintiff or the defendant in a restraining order case, where do you turn for answers? How do you protect yourself? You need support, guidance, and an aggressive advocate on your side. At The Tormey Law Firm, our highly experienced New Jersey restraining order lawyers passionately fill this role for clients across New Jersey. We know all too well the intimidating and overwhelming complexities of the restraining order process and we work to demystify it as much as possible for those we represent. Additionally, we have developed a Restraining Order Handbook to serve as a resource for New Jersey residents who have questions about the legal and procedural components of restraining orders in New Jersey. Continue reading to learn more.
New Jersey Restraining Orders: A Guidebook
Our guide to New Jersey restraining orders provides a systematic explanation of the various phases and parts of the restraining order process in New Jersey. The handbook consists of eight parts, providing answers to questions that often arise in restraining order cases.
This part of the restraining order handbook explains the relationship criteria and predicate acts of domestic violence that make a person eligible to obtain a temporary restraining order, as provided by New Jersey’s Prevention of Domestic Violence Act (PDVA). Read part one to find out if you may have grounds to file a restraining order, or if someone who is filing a restraining order against you may have grounds to obtain one.
This section of the restraining order handbook outlines the two specific ways in which a domestic violence victim can obtain a temporary restraining order in New Jersey. Notably, restraining orders can be filed in the County Superior Court in which the victim or the aggressor resides, or where the act of domestic violence took place. A person can also file a temporary restraining order at his or her local police department. Click the above link to Part 2 for additional information.
This section of the restraining order handbook delves into the legal process that ensues after a temporary restraining order has been filed. It explains no contact orders, protected persons, the deadlines for final restraining order hearings, and the options for those involved at these hearings. To learn more about the progression from temporary to final restraining orders, visit the above link to Part 3.
This section of the restraining order handbook discusses another option available to restraining order plaintiffs and defendants: civil restraints. These consent orders represent a proverbial middle ground between a final restraining order and a dismissal. They provide for no contact between the parties and also allow for contract provisions regarding child custody or visitation, finances, and shared property (if the restraining order arises in the context of a divorce or child custody dispute). Read Part 4 for additional information about the civil restraint alternative.
This section of the restraining order handbook addresses the actual trial for a final restraining order, from evidence, to testimony, and exhibits that may be necessary to prove in court by a preponderance of the evidence that a predicate act of domestic violence occurred and that the victim requires a permanent restraining order to ensure his or her safety. Access the link to Part 5 to find out more.
This section of the restraining order handbook explains the legal foundation for final restraining order determinations in New Jersey. Specifically, it discusses the two requirements established in the landmark case of Silver v. Silver. These requirements compose a two-pronged analytical framework that trial courts now use to determine whether or not to issue a final restraining order in domestic violence matters. Visit the page for Part 6 to better understand what is legally necessary to obtain a final restraining order in New Jersey.
This section of the restraining order handbook discusses the options available to plaintiffs who are subjected to final restraining orders. In New Jersey, there are two courses of action that you may consider: filing an immediate appeal or eventually submitting a motion to vacate the restraining order. Our New Jersey restraining order attorneys assist clients with both of these complex legal processes. Read Part 7 if you are wondering what options may be available to you.
This section of the restraining order handbook addresses the criminal consequences of violating a restraining order in New Jersey. Under State law, a violation of a restraining order is a criminal offense known as “contempt,” which may expose you to severe penalties, including a New Jersey State Prison sentence. Our lawyers often defend clients against violation of a restraining order charges in courts across New Jersey.
Need Help with a Restraining Order Case in New Jersey?
While we hope that our New Jersey restraining order handbook provides you with a comprehensive overview of the restraining order process, we are always available to answer additional questions and to discuss your specific case. Simply contact us anytime at (201)-556-1570 to receive a cost-free consultation. With offices in Hackensack, Morristown, Newark, and Haddonfield, we represent clients in courts from Bergen to Morris, and Essex to Camden counties. We are also happy to schedule an appointment at our office nearest you.