Restraining Order Lawyers in Mount Olive NJ

Handling Domestic Violence Trials in the Morris County Family Court

Our talented Mount Olive domestic violence lawyers represented a client recently on a restraining order trial in the Morris County Superior Court located in Morristown, NJ. Our client, the defendant, was served with a restraining order from her roommate in Mount Olive, New Jersey, who alleged harassment and terroristic threats as the predicate acts of domestic violence. These allegations are frequently cited as grounds for a restraining order in cases in Morris County and throughout the state of NJ. When these issues arise, the defendant, which refers to the person accused, is subsequently exposed to a series of long-lasting consequences. In this case, the plaintiff failed to meet her burden and prove acts of domestic violence. She also failed to show any prior history of domestic violence or that she needs the protection that a restraining order provides. As a result, at the conclusion of the hearing, the judge dismissed the case completely. There is no expungement or anything else necessary to clean our client’s record (since this is not a criminal charge and there was no arrest involved). She was extremely satisfied with the result and the services provided by the Tormey Law Firm.

If you are facing a restraining order in a Mount Olive domestic violence case, our attorneys are here to advise and assist you with aggressive defense representation. We have effectively achieved dismissals in a myriad of domestic violence cases in New Jersey and we know how to use the law, negotiation, and zealous trial defense tactics to resolve your case and defend your innocence. On the other hand, if you are in need of a restraining order in Mount Olive Township, our lawyers have assisted clients in your situation with securing final restraining orders and protecting themselves and their families from further instances of abuse. Regardless of which side of the courtroom you find yourself on, we have the knowledge and practical skills to successfully represent you and achieve the most favorable outcome in restraining order hearings and domestic violence criminal cases. Call (908)-336-5008 to consult with an attorney at our local Morris County firm free of charge. We will listen to your unique situation, advise you of your rights, discuss some of your available options, and explain how we can help.

Seeking a Restraining Order in Mount Olive, New Jersey

As the first step in a restraining order case, the victim must file for a temporary restraining order. In Mount Olive, this may be accomplished at the local Mount Olive Municipal Court, which is located at 204 Flanders-Drakestown Road in Budd Lake, NJ 07828. You may also request a restraining order at the Mount Olive Township Police Department, which can also be found at 204 Flanders-Drakestown Road in Budd Lake. While the Municipal Court maintains regular hours Monday through Friday from 9:00am to 4:00pm, the police department is available 24/7 to assist you with filing a restraining order. In addition to the municipal court and police department in the township, you may also obtain a restraining order in the Family Division of the Morris County Superior Court, which is located in nearby Morristown.

Served a Restraining Order in Mount Olive, What am I Facing?

If a restraining order is made final, it is permanent in New Jersey and never expires. If you are served with a temporary restraining order in Mount Olive, you will have a hearing in the Superior Court in Morris County. The Family Court has jurisdiction over these matters and there will be a Family Court Judge presiding over your case. If a final restraining order is issued in your case, you will be fingerprinted, and placed into a statewide database for domestic violence offenders. You will be further prohibited from owning or possessing firearms, it could affect any professional licenses that you currently hold, and it could jeopardize your immigration status if you are not a United States citizen. Some of the unexpected collateral consequences of restraining orders include child custody modifications, anger management or mental health counseling, and required payments to the alleged victim.

What Does the Plaintiff Have to Prove for a Final Restraining Order in Morris County NJ?

In order to obtain a final restraining order in Morris County or anywhere else in New Jersey for that matter, the plaintiff must prove by a preponderance of the evidence that a predicate act of domestic violence occurred, that there is a prior history of domestic violence, and that he or she is reasonable to be in fear for their safety and needs the protection of the courts. The plaintiff can do that through testimony and other evidence such as text messages, voicemails, emails, photos, hospital records, police reports, and other witnesses. The trial is held before a Superior Court judge in the family division who will make findings of fact and law and either dismiss the TRO or issue a final restraining order.

Can I Appeal a Restraining Order in Mount Olive Township?

You have the right to appeal a final restraining order in Morris County, including in Mount Olive Township. This is one option if there are issues with the way that the judge handled the case. For instance, if the judge was incorrect in their rulings on objections, they failed to issue comprehensive findings in their opinion, they were wrong on the acts facts of the case, or they misinterpreted the law when applying it to your case, all of these provide grounds for appealing the permanent restraining order. In other cases, if no grounds for an appeal exist, you may be able to submit a motion to vacate the restraining order. This is different from appealing an order of protection but can prove equally valuable if you are the person subject to the order. The process of dissolving a restraining order can occur through a successful motion based on changed circumstances which underscore that there is no longer any need for a restraining order to protect the victim. You can also have a restraining order lifted with the consent of the victim, which is particularly common in cases wherein the two parties have nothing to do with each other anymore, live in different states, or have decided to reconcile.

Consult a Mount Olive NJ Restraining Order Attorney for Immediate Assistance

If you need help with a restraining order in Mount Olive, New Jersey, contact us now at (908)-336-5008 for a free consultation. Our restraining order lawyers regularly assist people involved in domestic violence matters that arise in Budd Lake and throughout the Township. We understand the predicament you have and will walk you through every step of the process while protecting your best interests.