Free Initial Consultation · 24 / 7

Criminal Restraint As Domestic Violence NJ

Predicate Act of Domestic Violence – Criminal Restraint

What is criminal restraint charge in NJ

Criminal Restraint Domestic Violence Charges in NJ

A predicate act of domestic violence in NJ is one of the things a plaintiff must show in order to get a final restraining order in NJ. One of the potential predicate acts of domestic violence is known as criminal restraint which involves restraining another person against their will. Criminal charges for either criminal restraint or false imprisonment often arise in situations involving domestic violence. For example, if you got into an argument with your girlfriend or spouse and then allegedly prevented her from leaving the room – even for a moment – you could be charged with one of these crimes. Additionally, since the charges stemmed from domestic violence, the alleged victim could seek to have a restraining order imposed against you. This means that you could face both criminal charges for the criminal restraint or false imprisonment offense and a restraining order for the underlying act of domestic violence.

If you or a loved one has a restraining order or domestic violence 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 including in East Rutherford, Roselle Park, Saddle Brook, and Franklin Lakes. 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 (908)-336-5008.

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 resource 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 in ’13, ’14’, ’15, ’16 and is a 10.0 rating.

Here is a review from one of our many satisfied domestic violence, restraining order clients:

“Breath of fresh air”

5.0 stars
Posted by anonymous

“Chris was respectful, courteous, well spoken and very professional. He slowly explained the entire process, prepped me patiently before the court hearing and it looked like he genuinely cared about his work. Afterwards he stuck around to answer any questions I may have. I highly recommend Chris if you want a lawyer you feel like you can trust and not just take your money. He made the experience very personable and even gave me his direct cell phone. If I ever need another lawyer in NJ I will call Chris for sure!”

Predicate Acts of Domestic Violence in NJ: Criminal Restraint

One of the enumerated predicate acts of domestic violence in New Jersey is known as criminal restraint. Criminal restraint in New Jersey is governed by N.J.S.A. 2C:13-2, which provides, in pertinent part:

A person commits a crime of the third degree if he knowingly:

a. Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury; or

b. Holds another in a condition of involuntary servitude.

Proving Criminal Restraint at a Restraining Order Trial in NJ

In order to establish criminal restraint as a predicate act of domestic violence in a NJ restraining order case, the plaintiff must show that either sections (a) or (b) were violated above. Basically, criminal restraint requires a person to unlawfully detain another person against their will using force or threats.

NOTE: It is important to remember that, although criminal restraint is a criminal charge and we use the criminal statute under N.J.S.A. 2C:13-2, the plaintiff must only establish the civil standard of “preponderance of evidence” in a restraining order case because a restraining order is civil in nature. Preponderance of evidence is a “more likely than not” standard so the plaintiff must establish 51% that the offense was committed and that is sufficient in a civil case.

In addition to proving a predicate act of domestic violence (in this case criminal restraint), a plaintiff also must prove at trial by a preponderance of the evidence that there is a prior history of violence between the parties and that he or she is reasonable to be in fear of the defendant and need a restraining order for protection. If a plaintiff can prove all of these elements, then a Judge should issue a final restraining order which is permanent in NJ and never expires.

Help with Restraining Order in Bergen County NJ – Contact the Tormey Law Firm Now

For more information regarding your restraining order case in NJ, contact the Tormey Law Firm directly at (908)-336-5008. The initial consultation is always provided free of charge.

Visit Our Offices

With offices in Hackensack, Morristown, Newark, Middletown, and New Brunswick, our lawyers can represent you anywhere in New Jersey and are available immediately to assist you at (908)-336-5008

Hackensack / Bergen County

254 State Street
Hackensack, NJ 07601

  • 201-556-1570
  • 201-556-1572
Hackensack Office

Morristown / Morris County

60 Washington St Suite 200A,
Morristown, NJ 07960

  • 908-336-5008
  • 201-556-1572
Morristown Office

Newark / Essex County

1 Gateway Center Suite 2600
Newark, NJ 07102

  • 201-654-3464
  • 201-556-1572
Newark Office

for a free initial consultation Contact the Tormey Law Firm

Travis J. Tormey is a distinguished member of the legal community and a respected legal resource on domestic violence. He has been featured in a variety of prominent publications and media outlets, including CBS radio, Aol News, the Asbury Park Press,, and the Daily Record. Mr. Tormey has also been recognized as one of the the top criminal attorneys under 40 years of age by the National Trial Lawyers Association and the National Academy of Criminal Defense Attorneys. Whether representing victims or the wrongly accused, Travis remains passionately committed to protecting the rights of the innocent.

Areas we serve

The Tormey Law Firm LLC handles restraining order cases in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Union County (Elizabeth), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Sussex County (Newton), Essex County (Newark), Hunterdon County (Flemington), Mercer County (Trenton), Monmouth County (Freehold), Warren County (Belvidere), Ocean County (Toms River), Burlington County (Mount Holly), and throughout NJ.

Tell us how we can help

Contacting our office does not establish an attorney-client relationship. Please do not share any confidential information until such a relationship has been established.