The Tormey Law Firm Restraining Order Handbook Part 1: Do I have grounds for a restraining order?

Domestic Violence Lawyers with offices in Hackensack, Newark, Morristown  NJ

NJ Domestic Violence Lawyers

It is important to understand if you have standing to file a restraining order in New Jersey and whether or not there are adequate grounds for a temporary restraining order to be issued. At the Tormey Law Firm, our lawyers have literally handled hundreds of domestic violence restraining order trials successfully throughout New Jersey including in Mahwah, Garfield, Montvale, Lodi, and Lyndhurst.

Here is a five star review from one of our many satisfied restraining order clients:

“What can I say that hasn’t already been driven home in all of the other reviews about Travis. I’m a young professional and was served a vindicative Temp. Restraining Order from an Ex. As someone who has never been involved with law or the courts, I was understandably pretty nervous regardless, considering this is something that could appear on a background check for future employment. As soon as I met with Travis all those nerves and fears drifted away. Travis was able to successfully get the TRO dismissed without even going to a trial, and i am truly thankful for Travis and his confidence and savviness when it pertains to the law. Will reccomend him to anyone who requires a knowledgable and down to earth Attorney.”

Grounds to File a Temporary Restraining Order in NJ

If you are a victim of domestic violence and want to get a restraining order, the domestic violence attorneys at the Tormey Law Firm are ready to explain every step of the process to you. New Jersey’s Prevention of Domestic Violence Act (“PDVA”) sets forth who can obtain a Temporary Restraining Order (“TRO”) based upon the relationship between the victim and aggressor. See N.J.S.A. 2C:25-17 et seq. In addition, a predicate act of domestic violence, as enumerated in the PDVA must have occurred. In other words, to obtain a TRO you must have a particular type of relationship with the aggressor and the aggressor must have committed an act of domestic violence as defined in the PDVA.   The experienced restraining order attorneys at the Tormey Law Firm are fully familiar with the requirements of the PDVA and they’re ready to help you with obtaining a restraining order.

The jurisdictional requirements in the PDVA outline who can get a restraining order or, in other words, who has “standing” to obtain a TRO.   In order for a victim of domestic violence to have standing to get a restraining order against the perpetrator, the alleged perpetrator and victim must be current or former spouses, or have had a dating relationship, or be current or former household members, or have a child in common or be expecting a child. Simply put, the parties must have had a romantic relationship, resided together at any point, or have a child in common. As long as one of these elements applies to you and the perpetrator, then the Prevention of Domestic Violence Act applies to you and you have standing to apply for a TRO. For example, if a girlfriend and boyfriend were involved in a physical altercation, either person would have standing to request a restraining order.   On the other hand, if two random people have a physical dispute, neither person would have standing to get a restraining order against the other.

If you do have standing to get a restraining order based upon a sufficient relationship with the aggressor, then the next step is to determine whether or not an act of domestic violence occurred. According to the Prevention of Domestic Violence Act, there are eighteen sufficient predicate acts of domestic violence: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order, and any other crime involving risk of death or serious bodily injury.   N.J.S.A. 2C:25-19 (1) through (18). Each of these predicate acts is defined in the New Jersey Criminal Code and has very specific meanings. Accordingly, it is important to discuss your domestic violence case with an experienced restraining order attorney.

Local Bergen County Restraining Order Attorneys Available Now to Assist You

The restraining order lawyers at the Tormey Law Firm have handled numerous restraining order cases in the past and have helped victims of domestic violence with successfully obtaining a restraining order. In fact, the Tormey Law Firm’s domestic violence attorneys are ready to help you determine whether or not you have grounds to get a restraining order and walk you through every step of getting a restraining order. If you are the victim of domestic violence, don’t hesitate to call the restraining order attorneys at the Tormey Law Firm today at (908)-336-5008.