I Need Help with a Restraining Order Case Essex County NJ
Domestic Violence Lawyers with offices in Newark, NJ
Do you need assistance with a domestic violence incident and restraining order hearing in Essex County? We can help.
The Tormey Law Firm restraining order lawyers know what it takes to fight against or get a restraining order in Essex County. In fact, the knowledgeable domestic violence attorneys at the Tormey Law Firm have battled restraining order cases at both the plaintiff’s and defendant’s counsel tables. Regardless of whether you are the victim of domestic violence or you are alleged to have perpetrated a predicate act of domestic violence, your case will be handled in the County Superior Court that has jurisdiction over the case, that is either in the county in which the parties reside or the county in which the alleged acts of domestic violence occurred. Click here to learn more about when a particular court will have jurisdiction over a restraining order case. The domestic violence attorneys at the Tormey Law Firm are here to help you with your restraining order case in Essex County including in Montclair, Irvington, West Orange, and Bloomfield. Contact our offices now for a free initial consultation at (908)-336-5008.
Here are some real restraining order cases we handled in Essex County with great success:
- Newark Restraining Order Dismissed After Trial
- Essex County Restraining Order Dismissed
- Essex County Restraining Order Removed After 16 Years
- Newark Restraining Order Removed After 21 Years
- Sexual Assault Restraining Order Dismissed Essex County
- Harassment Restraining Order Dismissed Newark Court
Here is a review from one of our many satisfied domestic violence, restraining order clients:
“Breath of fresh air”
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!”
ESSEX COUNTY SUPERIOR COURT
Domestic violence matters and hearings for restraining orders in Essex County will be heard at the Essex County Superior Court. There are three different courthouses for the Essex County Superior Court and any restraining order cases will occur at the Essex County Family Court located in the Wilentz Justice Complex, 212 Washington Street, Newark, NJ 07102, which is open from 8:30 a.m. to 4:30 p.m., Monday through Friday and can be contacted at 973-776-9300. Click here for more information regarding the Essex County Superior Court. For directions to the Essex County Family Court, click here.
ESSEX COUNTY FAMILY COURT – DOMESTIC VIOLENCE UNIT
Restraining order cases in Essex County Superior Court will be handled by a Judge who sits in the Family Part of the Chancery Division of the Essex County Superior Court. The Presiding Judge of the Essex County Family Part is the Honorable
David B. Katz, P.J.F.P., whose chambers can be contacted at 973-776-9446. The Essex County Family Part also has a Domestic Violence Unit with court staff dedicated to domestic violence and restraining order cases. The Domestic Violence Unit is located on the 12th Floor of the Essex County Family Courthouse, room 1251, and can be contacted at 973-776-9300 ext. 56840. Click here for more information on the Essex County Family Court Domestic Violence Unit.
ESSEX COUNTY PROSECUTOR’S OFFICE DOMESTIC VIOLENCE UNIT
The Essex County Prosecutor’s Office is also available for assistance with matters related to domestic violence. The prosecutor’s office may file criminal contempt charges against a person accused of violating the terms of a temporary or final restraining order in Essex County. The prosecutor’s office may also file charges against a perpetrator of domestic violence based upon the predicate act of domestic violence. The Essex County Prosecutor’s Office is located at The Veterans Courthouse, 50 West Market Street
Newark, NJ 07102 and can be contacted at 973-621-4700. For more information on the Essex County Prosecutor’s Office Domestic Violence Unit, click here.
DOMESTIC VIOLENCE RESOURCES AND SERVICES IN ESSEX COUNTY
If you’re the victim of domestic violence in Essex County, don’t hesitate to call the confidential National Domestic Violence Hotline at 1-800-799-SAFE (7233) or the New Jersey Domestic Violence Hotline at 1-800-572-SAFE (7233), which are available on a 24/7 basis for domestic violence victims and others seeking crisis intervention, or referrals to local services. Click on the following link for the New Jersey Coalition to End Domestic Violence to learn about what services and resources are available in Essex County.
Essex County has a variety of locally based services for the victims of domestic violence. The Safe House provides emergency shelter for battered women in Essex County. The Safe House’s 24 hour domestic violence hotline and can be contacted at 973-759-2154. Click here for more information on the Safe House. The Rachel Coalition also provides domestic violence services and battered women’s shelter assistance for victims of domestic violence in Essex County and is located at 570 West Mt. Pleasant Avenue, Suite 106, Livingston, NJ 07039 and can be reached at 973-740-1233. For more information on the Rachel Coalition, click here. Another community resource for victims of domestic violence in Essex County that provides shelter assistance and counseling services is the Essex County Justice Center, located at 89 Market Street, Second Floor, Newark, NJ 07102, 973-286-3890. Click here for more information regarding domestic violence services available at the Essex County Justice Center.
There are also services for batterers in Essex County who want to seek counseling. The “Men for Peace” program is available through the Babyland Family Violence Program at 755 South Orange Avenue, Newark, NJ 07106, 973-484-1704. For more information on the “Men for Peace” program at Babyland, click here. For more information on Anger Management, Counseling, Family Services in Essex County, click on the following link for the Department of Children and Families.
In addition to the domestic violence services in Essex County that are available locally, there are also statewide and national domestic violence services available for the victims and perpetrators of domestic violence. In New Jersey, the Department of Children and Families’ Division on Women, Office of Domestic Violence Services funds twenty-three domestic violence programs and the New Jersey Coalition for Battered Women. Click on the following links to learn more about New Jersey’s Office of Domestic Violence Services, the Coalition for Battered Women, or the National Coalition Against Domestic Violence.
LEGAL SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE IN ESSEX COUNTY
Victims of domestic violence in Essex County may be able to obtain assistance with legal issues related to restraining orders by contacting local legal services. A few of the available legal services for domestic violence victims in Essex County are:
- Partners for Women and Justice, 60 South Fullerton Avenue, Suite 106, Montclair, NJ 07042, Phone: (973) 233-0111
- Essex-Newark Legal Services, 5 Commerce Street, 2nd Floor, Newark, NJ 07102, Phone: (973) 624-4500
- Seton Hall Law Center for Social Justice, 1 Newark Center, Newark, NJ 07102, Phone: (973) 642-8700
WHERE DO I FILE A RESTRAINING ORDER IN ESSEX COUNTY?
If you are the victim of domestic violence in Essex County, you can request a temporary restraining order at the Essex County Superior Court Domestic Violence Intake Office located 212 Washington Street, 12th Floor, Room 1251. The Domestic Violence Intake Office takes complaints related to restraining orders from 8:30 a.m. to 3:30 p.m. Anytime before 8:30 a.m., after 3:30 p.m., on weekends, or holidays a complaint for a temporary restraining order can be filed at the local police department where the victim of domestic violence resides, where the perpetrator resides, or where the domestic violence occurred. Click here for the contact information for local police departments in Essex County.
ONCE A RESTRAINING ORDER IS FILED, WHAT HAPPENS?
After a temporary restraining order is issued, a final restraining order (FRO) hearing is usually scheduled within 10 days. At that hearing, the Plaintiff will have three options essentially:
- Proceed to trial for a final restraining order
- Dismiss the case
- Negotiate potential agreement with the defendant
If they dismiss the case, it’s over. They can also try to negotiate a civil restraints agreement to settle the matter which will detail how the parties will interact moving forward (if at all) and can also address other issues such as living arrangements, division of property, etc.
If the case is not dismissed or settled, it will proceed to trial. The Plaintiff has the burden of proof and goes first. They must prove three things in order to obtain a final restraining order in NJ:
- An act of domestic violence occurred
- A prior history of violence
- They need the protection of a restraining order and are reasonable to be in fear for their safety
They can prove all of these elements by testifying, calling witnesses, and admitting evidence such as photos, videos, text messages, etc. The defendant can also testify and admit their own evidence and both parties will have an opportunity to cross examine the other. Then, the Judge will consider all of the evidence and testimony and render a decision.
How to Appeal a Final Restraining Order Issued in Essex County NJ
If a final restraining order was issued against you in Essex County, you have the right to appeal to the Appellate Division in Trenton. This appeal must be filed within 45 days of the issuance of the order. To file an appeal, you must order the transcript of the original trial, pay the filing fee ($250), and detail what arguments you are making as to why the Court got it wrong in issuing the final restraining order (FRO).
How to Remove a Final Restraining Order Issued In Essex County Court
If you have an old restraining order issued against you in Essex County court, you may be able to file a motion to have this restraining order removed/lifted. You have to show the Judge that there has been a significant change in circumstances such that the restraining order is no longer necessary and should be dismissed.
Frequently Asked Questions in Essex County Restraining Order Cases
FAQ: Where will my restraining order case be held? In the Family division of the Superior Court in Essex County, if that is where the restraining order was filed. The case will be held before a Family Court Judge, not a jury.
FAQ: Can I bring witnesses to testify on my behalf? Yes, if they have witnessed acts of domestic violence. Witnesses can not be called to testify that the defendant is a bad person or a good person. They can only testify to relevant information they have seen first hand.
FAQ: Should I hire a lawyer or represent myself? You can always try and represent yourself but an attorney knows the rules of evidence and the burden of proof so a lawyer will always give you the best chance to win your case.
If you or someone you love needs assistance with a domestic violence restraining order in Essex County, contact us now for immediate assistance and a free initial consultation.