Jurisdiction in NJ Restraining Order Cases
New Brunswick Domestic Violence Defense Lawyers
One of the first and most important things to determine if you are considering filing a domestic violence restraining order matter, is whether or not the court has jurisdiction to hear your case and whether or not you have standing to file a restraining order in the first place. Not every person can file a restraining order against another person in New Jersey. You must have been involved in a dating relationship in the past, have a child together, or resided together at some point. Otherwise, the court may not have jurisdiction and you may not have standing to obtain a temporary restraining order (TRO).
If you or a loved one needs assistance with a temporary or final restraining order in New Jersey, you’ve come to the right place. The experienced restraining order defense lawyers at the Tormey Law Firm LLC can help. Our attorneys have successfully handled restraining orders in practically every county in the State of NJ including in Edison, Old Bridge, Woodbridge, and Piscataway. Further, we have former domestic violence prosecutors on staff who now defend our clients facing both restraining orders and/or criminal charges.
Our attorneys are available immediately to answer all of your questions about filing a restraining order or defending against one in New Jersey. In addition, the initial consultation is always provided free of charge. Contact our offices at (908)-336-5008.
To see what some of the Tormey Law Firm clients have to say about the service they received, please see our “client reviews”.
Here is a review from one of the many satisfied restraining order clients of the Tormey Law Firm:
Posted by Maria
“My brother had actually consulted and hired Mr Travis Tormey in regards to a TRO against him. Things got a bit more complicated whereas I needed to contact the law office several times and spoke with Joanne, who was extremely helpful, patient and totally understanding. When I had to speak to Travis I would text him and he would communicate with me in a timely fashion considering he was busy in court or had to wait to hear from his partners, who were also involved in the case. Overall the professionalism and expertise in their field was exceptional. In court they defended my brother with such compassion and dedication to their client. At the conclusion, case was dismissed thanks to both Travis and Tom. They demonstrated their strong capabilities and passion that I feel merit them a five star review. I would definitely recommend this law firm to anyone in need of legal advice or defense.”
Restraining Orders in NJ: Jurisdiction
In order to issue a restraining order in New Jersey, the court must have jurisdiction under the Prevention of Domestic Violence Act of 1991. Therefore, the parties (plaintiff and defendant) must be connected in any of the following manners:
- The parties had a prior dating relationship
- The parties resided together at any point
- The parties have a child in common
NOTE: Just because the parties resided together at one point in their life, does not automatically grant jurisdiction. We have seen cases where siblings have filed restraining orders against each other but they haven’t resided together in 30 years and the Judge dismissed the case based on lack of jurisdiction under the domestic violence act. Same situation regarding children and parents if they have not lived together in a long time.
If any of the above elements are met, than the Court can issue a temporary restraining order (TRO) if the Judge believes that one is necessary. In addition, the restraining order must be filed either:
- In the county in which the parties reside or
- In the county in which the alleged acts of domestic violence occurred
For example, if the parties reside in Parsippany then the restraining order can be filed in Morris County. However, if the alleged acts of domestic violence occurred in Hoboken, then the restraining order can also be filed in Hudson County.
If the court does not have jurisdiction to enter a temporary or final restraining order, the victim still has the option of filing criminal charges and obtaining a “no contact order” as a condition of the criminal complaints.
Here is a case we had dismissed for a client in Warren County based on the plaintiff’s lack of standing to file a restraining order under the Domestic Violence Act.
Local Middlesex County NJ Restraining Order Attorney: Contact the Tormey Law Firm LLC
If you have additional questions about restraining orders in New Jersey, continue to browse this website for loads of helpful information. In addition, contact our experienced restraining order attorneys anytime for a free initial consultation at (908)-336-5008.