Warren County Restraining Order Lawyers

Restraining Order Lawyers in Belvidere, New Jersey

Do you need assistance with a restraining order case in Warren County? We can help.

Restraining Order Trial in Warren County, NJ

The Warren County NJ restraining order lawyers at the Tormey Law Firm LLC successfully handled another restraining order matter in Belvidere, NJ which resulted in a dismissal of the restraining order for our client. Our client, a father of three, reached out to us the day before his final restraining order (FRO) hearing was scheduled for help and legal representation. Luckily, our attorneys were available to assist him and represent him on his Warren County restraining order matter. His wife had filed a temporary restraining order (TRO) against him alleging harassment as the predicate act of domestic violence. The truth is, his wife suspected that he was having an affair and she was very upset with him. In the TRO itself she acknowledges that she suspects he was having an affair and bringing the other woman into their house where their three young children live.

Warren County Superior Court – Family Division – Restraining Order Cases

All domestic violence restraining order matters in Warren County will be handled at the Warren County Superior Court, Family Division, before a Superior Court Judge. Here is the court information:

Warren County Superior Court – Family Division

413 2nd Street

PO Box 900

Belvidere, NJ 07823

908-750-8100 ext. 13930

Burden of Proof for Restraining Order Trials – Evidence

At a restraining order hearing in NJ, the Plaintiff has the burden of proof. This is a civil standard of proof which is known as “preponderance of evidence” which is a 51% standard of proof and basically means more likely than not.

A plaintiff must show that there was an act of domestic violence committed by the defendant against the plaintiff, this is known as the predicate act. They must also show a prior history of violence between the parties and that they are in fear and need a restraining order to protect them. If they establish all three of these elements, a final restraining order (FRO) will be issued which is permanent in NJ and never expires. If they fail to prove all 3 elements, the temporary restraining order (TRO) is dismissed and all of the restraints are removed.

Predicate Act of Domestic Violence – Harassment

The alleged harassment was our client yelling at her and telling her to “stop acting like an idiot”. This is not harassment or domestic violence. This temporary restraining order (TRO) should never have even been issued in the first place based on those allegations. In addition, she listed very little prior history of domestic violence and there was absolutely no reason for her to be in fear for her safety even if the alleged harassment occurred.

In order to obtain a final permanent restraining order in NJ, a plaintiff must prove all three elements by a preponderance of the evidence:

• Act of Domestic Violence
• Prior History of Violence
• Reasonable to be in Fear for Safety and Need the Court’s Protection

As a result, if a hearing was held, this temporary restraining order (TRO) almost certainly would have been dismissed by the judge. However, our Warren County NJ restraining order attorneys were able to speak to the plaintiff and she agreed to voluntarily dismiss the restraining order without having the final hearing.

This was the right result in this case and a satisfying result for our client. If the final restraining order was issued, it is permanent in NJ and never expires. Our client would have been fingerprinted, placed in a statewide database for domestic violence offenders and could not own firearms. The issuance could also effect him traveling in and out of the country, his immigration status if he is not a US citizen, and any professional licenses he may have.

Need Lawyer for Restraining Order in Warren County NJ

If you or a loved one needs assistance with a restraining order matter in NJ, contact our offices now for a free initial consultation at 201-556-1570.