“This video gives some basic information about restraining orders. Our restraining order defense strategies are listed below.”

Bergen County NJ Restraining Order Lawyers with offices in Hackensack, New Jersey

Restraining Order NJ – Information About Restraining Orders NJ

Restraining Orders are a very complex area of law in New Jersey. Often, the filing of a restraining order is also related to criminal charges which were filed but not necessarily in every case. As a result, it is imperative that you contact a lawyer that understands the system and the intricacies of both restraining orders and criminal charges. Our lawyers at the Tormey Law Firm know How To Beat Restraining Orders.

Travis Tormey has defended thousands of clients in situations just like yours and has fought restraining orders is almost every county in the State of New Jersey. Further, Alissa Hascup is a former domestic violence prosecutor and she now utilizes her vast experience in defending clients against domestic violence charges on a daily basis. Whether your case is in Bergen County, Morris County, Passaic County, Union County, Essex County, Hudson County, we can help.

Here are some real life restraining order matters that were successfully handled by the NJ restraining order lawyers at the Tormey Law Firm LLC:

Contact our offices anytime for a free consultation at 201-556-1571.

Basic Restraining Order Information and Procedure in NJ

Once a Temporary Restraining Order (TRO) is granted, the case will be scheduled for a final hearing before a judge within 10 days. The case will be handled in the Family Division of the Superior Court in the county in which the TRO was granted. At the first hearing, the Judge will ask both parties if they wish to proceed that day or if they need a postponement. A postponement will usually be granted the first time so that either party can seek legal advice or if either party needs to gather evidence or line up witnesses for the trial. Because it is a civil case (and not criminal), neither party has a right to an attorney. An attorney is optional and can be obtained by hiring private counsel or, for an alleged victim, there are some legal groups that will provide free legal services to a plaintiff in need. Otherwise, the parties will represent themselves at the trial.

At the final hearing, the plaintiff goes first and has the burden of proof. Because it is a civil case (and not a criminal case), the standard of proof is “by a preponderance of evidence,” which basically means more likely than not. If the plaintiff can show the following three things by more than 50 percent of the weight of credible evidence, then the restraining order will be granted:

  • Predicate Act of Domestic Violence
  • Prior History of Domestic Violence
  • Restraining Order Required to Protect the Victim

The trial is held before and decided by a Judge, not a jury. The plaintiff goes first and seeks to admit any and all evidence they want to show that a predicate act of domestic violence has occurred. If they allege harassment and stalking in the temporary restraining order (TRO), then they must prove harassment and stalking at the trial. Any alleged predicate acts of domestic violence that were not included in the restraining order cannot be alleged at trial. The defendant must have notice of the alleged acts of domestic violence prior to the trial. In addition, the plaintiff should include any prior history of domestic violence in the TRO and must prove those incidents at trial. Some of the evidence that can be used at trial to prove the case include: Plaintiff’s testimony, Witness testimony, Photos, Text messages, Voice messages, Emails, police reports, Any hospital or doctor records regarding injuries sustained.

After the plaintiff has testified, admitted any evidence he or she wishes to admit, and called any additional witnesses they choose, the plaintiff rests. It is then the defendant’s turn to testify (if they choose), admit any rebuttal evidence they may have (including texts, emails, voicemails, etc.), and call any witnesses they choose. Once the defense rests, then the judge will decide whether or not a permanent (final) restraining order should issue.

If the judge determines that the plaintiff has met the burden of proof and established predicate act(s) of domestic violence and that a restraining order is necessary to protect the plaintiff, then a final restraining order (FRO) is issued. This FRO is permanent and never expires. The defendant is fingerprinted and placed in a statewide database for domestic violence offenders. The defendant can no longer have any contact with the plaintiff and any other individuals who are named in the FRO (i.e. the victim’s parents). The defendant may also be prohibited from the plaintiff’s home, place of employment, etc. All of these details will be spelled out in the final order. Additionally, the defendant will no longer be allowed to own firearms, and any firearms that were seized upon the issuance of the TRO will be forfeited. Moreover, if the defendant is not a US citizen, the issuance of the permanent restraining order could affect their immigration status, as well as their ability to enter and leave the country legally.

If the judge determines that the plaintiff failed to meet the burden of proof for the issuance of the final restraining order (FRO), then the case will be dismissed. If the TRO is dismissed, there are no longer any restrictions on the defendant and their ability to contact the plaintiff. In addition, any firearms that were seized based on the issuance of the TRO should be returned to the defendant by the county prosecutor’s office.

For more information regarding restraining order matters in NJ, contact our office now for a free initial consultation at 201-556-1570.

Restraining Order Defense Strategies:

#1. Challenge the predicate act
#2. Challenge the prior history of domestic violence
#3. Challenge the reasonable fear for safety.

Other Restraining Order Info

Restraining Order Vs. No Contact Order

Temporary Restraining Orders

Final Restraining Orders

 

Testimonials

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Unresponsive Lawyers.

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Too big of an investment for too little results

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

    view larger map

  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

    view larger map

Daily Record Daily Record
CBS Radio CBS Radio
NJ dot com NJ dot com
The Record The Record
AOL News AOL News
Asbury Park Press Asbury Park Press