Morristown NJ Restraining Order Attorneys
With offices in Morristown, New Jersey
How to file a restraining order in NJ? If you or a loved one has a restraining order case in New Jersey and are in need of legal assistance, the Tormey Law Firm LLC can help. Our experienced restraining order attorneys have handled these types of cases in practically every county in the State of NJ and will provide you the best defense based on the facts of your case. As a result, our lawyers are ready and able to assist you with your restraining order case immediately. Contact our offices anytime for a free initial consultation at 201-556-1570.
Travis J. Tormey has been cited in numerous publications including the Star Ledger, Daily Record, Bergen Record, Asbury Park Press and AOL News. He has also appeared as a legal expert on CBS radio with regards to domestic violence in New Jersey. Mr. Tormey has received numerous awards from the American Trial Lawyers Association and the National Association of Criminal Defense Attorneys. He also received the clients choice awards from Avvo.com in ’13, ’14’, and ’15 and is a 10.0 rating.
How to file a restraining order in NJ?
To file a restraining order in New Jersey, you must go to your local police department or to the Superior Court in the appropriate county. According to Rule 5:7A, the restraining order should be filed in the county in which either party resides, the county in which the alleged domestic violence took place, or in the county in which the alleged victim is sheltered.
The first thing that must be determined when attempting to file a restraining order in NJ is whether or not you have standing to file as a victim under the prevention of domestic violence act. In order to be eligible to file a restraining order, one of the following must be true:
- You and the defendant were in a dating relationship at some point
- You and the defendant resided together at some point
- You and the defendant have a child together
If any of the above apply to your situation, then you are eligible to apply for a temporary restraining order (TRO). If not, you may not be eligible. NOTE: You can’t file a restraining order against your neighbor, for example, unless you and your neighbor had previously been involved in a relationship. You may be able to file criminal charges but a restraining order is not applicable in that case.
Now, once it is determined that you have standing to apply for a temporary restraining order (TRO) you must go to the court or the police department and file a domestic violence complaint and application for a TRO. You will either appear before a judge for sworn testimony or you will sign a sworn statement that will be read to a judge telephonically to determine whether or not the temporary restraining order (TRO) will issue. In the TRO, you must allege the following:
- A predicate act of domestic violence: Must be at least one, but can be several. Assault, harassment, terroristic threats, and stalking are the most common acts that are cited.
- A prior history of domestic violence: In most cases this will be required unless the predicate act is extremely violent/egregious and then the judge may not require a showing of prior history.
- The restraining order is necessary to protect your safety/well-being. A reasonable person in your situation would be in fear and require protection from the court system.
If the judge grants the TRO, then the defendant is prohibited from having any contact with you. If he or she violates the TRO, then they will be arrested and charged with contempt. You can also enumerate specific people or places that they are prohibited from attending or contacting such as your work, school, home and your parents, siblings, etc. If there are children in common then any visitation will also be addressed in the order. The final hearing will typically be scheduled within 10 days to determine whether or not a permanent restraining order will issue.