Restraining Order Attorneys in New Jersey
With offices in Hackensack, New Jersey
If you or a loved one are involved in a restraining order hearing and need legal assistance, you’ve come to the right place. The NJ restraining order lawyers at the Tormey Law Firm LLC have literally resolved hundreds of restraining order cases in every county in New Jersey. This experience and expertise allows our lawyers to understand the complicated legal process concerning restraining orders and achieve the best possible outcomes for our clients.
If you are a plaintiff in a restraining order hearing, we can help you.
If you are a defendant in a restraining order hearing, we can help you.
Here is some basic information regarding restraining orders that can assist you in understanding the restraining order process in New Jersey. For additional information, please contact one of our experienced restraining order attorneys anytime for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.
A temporary restraining order (TRO) can be issued by a Superior Court Judge in NJ when he or she believes a predicate act of domestic violence has occurred against a protected party. The final hearing is typically scheduled within 10 days of the issuance of the TRO.
A restraining order is a civil proceeding in New Jersey, it is not criminal.
However, if a Final Restraining Order (FRO) is placed on you, this can have serious collateral consequences including the following:
- You will be fingerprinted and placed in a database for domestic violence offenders.
- You can not own firearms and must forfeit any firearms you have previously owned.
- You may be stopped at airports, customs, etc. and law enforcement will check to ensure that you are not traveling with or near the alleged victim.
- Your child custody and visitation (if any) can be affected.
- You can be prevented from attending places where the alleged victim attends such as schools, churches, relatives homes, etc.
This is important information for both a plaintiff and a defendant to know. Sometimes plaintiffs decide that they do not want a Final Restraining Order (FRO) because of all the serious consequences that are placed on a defendant if issued. Conversely, and obviously, if a FRO is necessary to protect a plaintiff’s safety and well being then he or she should move forward and pursue a FRO in court. Further, in some cases an agreement can be reached called “civil restraints” which resolves the case outside of court without the need for a trial or hearing.
Restraining orders are handled in the Family Division of the Superior Court of the county in which the parties reside. In order for the court to have jurisdiction, the parties must have been in a dating relationship, had children together, or resided together at some point in their lives. The standard of proof, because it is a civil matter, is “by a preponderance of evidence” which is basically “more likely than not”. This is a lower standard than a criminal case which is “beyond a reasonable doubt”.
If a temporary restraining order (TRO) or final restraining order (FRO) is violated then a defendant will be arrested and charged criminally for contempt. On a second violation, the defendant must serve mandatory time in the County jail.
Restraining orders in New Jersey are permanent and never expire. However, you may be eligible to file an appeal if a final restraining order was issued against you. In addition, after some time passes, you can file a motion to vacate the final restraining order based on a change in circumstances such that the restraining order is no longer necessary.
Contact our Morristown office for a free initial consultation
The NJ restraining order attorneys at the Tormey Law Firm LLC have been representing clients at restraining order hearings for many years. For additional information regarding restraining orders in New Jersey, please continue to explore this website and watch Mr. Tormey’s videos. You also can speak to him directly for a free consultation anytime at (908)-336-5008. We look forward to hearing from you