“A Temporary Restraining Order (TRO) in New Jersey is a serious legal issue for everyone involved. If you have questions about TROs, contact our NJ Restraining Order Lawyers now.”
Under New Jersey law, a restraining order prohibits a person from contacting, speaking to, or otherwise communicating with another person (the “victim” or the “protected” person). A restraining order may be issued against a defendant to protect a victim of domestic violence. The first step in the restraining order process is obtaining a temporary restraining order (TRO). Once a TRO has been issued, there will be a hearing schedule at which time a judge evaluates the evidence and determines the need for a final restraining order (FRO). There are extensive restrictions associated with a restraining order in New Jersey, and there are additional consequences for violating a restraining order.
If you are involved in a domestic violence case in New Jersey, the NJ restraining order lawyers at the Tormey Law Firm are ready and able to assist you with your restraining order matter. If a temporary restraining order (known as a “TRO”) has been filed against you, we can help. If you would like to file a temporary restraining order, we can help with that also. Restraining orders are civil in nature but they are based on potentially criminal acts (known as the predicate acts of domestic violence) so they are a very unique and complex area of law. You need someone knowledgeable and familiar with both criminal law and restraining order matters in order to properly represent your interests in court. Mr. Tormey has successfully handled hundreds of restraining order matters throughout New Jersey personally, he has received the AVVO.com clients choice award in 2013, 2014, 2015, and 2016 and he is the highest rated 10.0 attorney on AVVO.com.
Our NJ restraining order lawyers appear in courts throughout the state including in Elizabeth, Paterson, New Brunswick, Somerville, and Jersey City. For immediate assistance regarding your NJ restraining order matter, contact our offices now at 201-556-1571. The initial consultation is always provided at absolutely no cost to you.
Filing for a Restraining Order in New Jersey
There are two broad categories of restraining orders in New Jersey: temporary restraining orders and final restraining orders. You can seek a temporary restraining order through a complaint filed with a local police department, the Family Division’s Domestic Violence Unit, or a County Courthouse.
If you request a restraining order at a police department, law enforcement will get in touch with a municipal court judge and that judge will decide whether to issue a temporary restraining order; this can be done over the phone. If you seek a restraining order through the Family Division, Division staff will meet with you to evaluate whether you are entitled to a temporary order, after which a judge or hearing officer will examine the case and may issue the order. A temporary restraining order can remain in effect for up to 10 days after it is issued, after which time a hearing on a final restraining order will be held.
What is a Temporary Restraining Order (TRO) in NJ?
A temporary restraining order (known as a “TRO”) is a civil order signed by a Superior Court judge which prohibits the defendant from having any contact with the plaintiff. The order will also specify certain places that the defendant is prohibited from going (such as the plaintiff’s home, work, any relatives or friends houses, etc.) If there are children in common, the restraining order will also address any contact the defendant may have with the children until the restraining order case is resolved. A restraining order can be obtained in the county in which the parties reside or in the county in which the alleged acts of domestic violence occurred.
Not everyone can just get a restraining order against any other person. First, there must be jurisdiction under the Prevention of Domestic Violence Act of 1991. Therefore, the parties (plaintiff and defendant) must be connected in any of the following ways:
- The parties had a prior dating relationship
- The parties resided together at any point
- The parties have a child in common
If any of the above apply, then the plaintiff can attempt to obtain a temporary restraining order. He or she will appeal in court and tell the judge (or hearing officer) why he or she needs the restraining order. The plaintiff must allege that an act of domestic violence occurred (whether it be harassment, assault, stalking, etc.) In most cases, the plaintiff must also allege a past or prior history of domestic violence. Lastly, the plaintiff must show that the restraining order is necessary to protect them and that a reasonable person in their situation would be in fear for their safety. If the judge agrees, the temporary restraining order will issue.
Process after a TRO is Issued in New Jersey
A final hearing will be scheduled, usually within 10 days of the service of the TRO. Then, the court will make sure the defendant is served with a copy of the restraining order and understands the restrictions. If the defendant fails to abide by the restraining order, he or she will be arrested by the police and charged with violating that restraining order, a charge known as contempt of court. The plaintiff and defendant are both entitled to retain counsel to represent them at the final hearing but they can also represent themselves if they choose.
A final restraining order will replace a temporary restraining order if all the legal requirements for that final order have been met. A judge can impose a final restraining order even if the restrained person is not present at the hearing. Final restraining orders can last for the rest of your life unless a separate legal process is undergone to remove the restraining order.
Finding an NJ Restraining Order Lawyer to Help with Your Case
If you are dealing with a restraining order case in New Jersey, it is highly advisable to seek help from an experienced attorney. For more information, contact our NJ restraining order lawyers now for a free initial consultation at 201-556-1570.
Wondering how we handle restraining order cases for clients throughout New Jersey? Here is a review from one of our many satisfied restraining order clients:
“Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease. Upon consultation I hired Travis Tormey to defend me in a very emotional and scary time of need where I was facing a potentially devasting FRO. Travis was knowledgeable, comforting, and most importantly confident. THIS GUY KNOWS THE LAW! Watch his YouTube clips, read his reviews, and simply call him to discuss your case. I did and was so impressed with his amazing win in court. Don’t go into court without this guy in your corner. Consulted, hired, and successfully had my day in court. Thanks for everything, I hope I never need a defense attorney again, but if I do, Travis Tormey is the only lawyer I would use. All 5 stars!” – ★★★★★ Aaron
Here are some real life restraining order matters that were successfully handled by the NJ restraining order lawyers at the Tormey Law Firm LLC: