How do I file a NJ restraining order?

Domestic Violence Attorneys with offices in Morristown, New Jersey

To file a restraining order in New Jersey, you must go to your local police department or to the Superior Court in the appropriate county. According to Rule 5:7A, the restraining order should be filed in the county in which either party resides, the county in which the alleged domestic violence took place, or in the county in which the alleged victim is sheltered.

If you or a loved one has a restraining order 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 and will provide you the best defense based on the facts of your case. As a result, our lawyers are ready and able to assist you with your restraining order case immediately including in Madison, Florham Park, Chester Twp., and Kinnelon. Contact our offices anytime for a free initial consultation at (908)-336-5008.

Travis J. Tormey has been a domestic violence lawyer in NJ for 18 years and 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 expert 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 Avvo.com for many years and is a 10.0 rating.

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

5.0 stars
Posted by George S
“Travis and his team at The Tormey Law Firm in Hackensack, New Jersey, are truly exceptional. Our family has had multiple encounters where legal representation was needed, and time after time, Travis has delivered outstanding results. His expertise, professionalism, and dedication to his clients are unmatched. We’ve always felt supported, informed, and confident with him in our corner. Simply put, they are the best attorneys we’ve ever worked with—trustworthy, knowledgeable, and incredibly effective. Highly recommend!”

I want to file a restraining order in New Jersey

The first thing that must be determined when attempting to file a restraining order in NJ is whether or not you have standing to file as a victim under the prevention of domestic violence act. In order to be eligible to file a restraining order, one of the following must be true:

• You and the defendant were in a dating relationship at some point
• You and the defendant resided together at some point
• You and the defendant have a child together

If any of the above apply to your situation, then you are eligible to apply for a temporary restraining order (TRO). If not, you may not be eligible. NOTE: You can’t file a restraining order against your neighbor, for example, unless you and your neighbor had previously been involved in a relationship. You may be able to file criminal charges but a restraining order is not applicable in that case. You also can possibly apply for a temporary protective order (TPO) if you can show cyber-harassment or stalking.

Now, once it is determined that you have standing to apply for a temporary restraining order (TRO) you must go to the court or the police department and file a domestic violence complaint and application for a TRO. You will either appear before a judge for sworn testimony or you will sign a sworn statement that will be read to a judge telephonically to determine whether or not the temporary restraining order (TRO) will issue. In the TRO, you must allege the following:

• A predicate act of domestic violence: Must be at least one, but can be several. Assault, harassment, terroristic threats, and stalking are the most common acts that are cited.
• A prior history of domestic violence: In most cases this will be required unless the predicate act is extremely violent/egregious and then the judge may not require a showing of prior history.
• The restraining order is necessary to protect your safety/well-being. A reasonable person in your situation would be in fear and require protection from the court system.

If the judge grants the TRO, then the defendant is prohibited from having any contact with you. If he or she violates the TRO, then they will be arrested and charged with contempt. You can also enumerate specific people or places that they are prohibited from attending or contacting such as your work, school, home and your parents, siblings, etc. If there are children in common then any visitation will also be addressed in the order. The final hearing will typically be scheduled within 10 days to determine whether or not a permanent restraining order will issue.

Temporary Protective Orders (TPO) – NJSA 2C:14-15

If you don’t have standing under the domestic violence act you can still potentially apply for a temporary protective order (TPO). This can be filed against anyone if you allege any of the following acts:

• non-consensual sexual contact
• sexual penetration
• lewdness
• cyber-harassment
• stalking

Criminal charges can also be filed for any of the alleged acts. These criminal complaints can be filed by the police if you report the crimes to them and they find probable cause to investigate and issue the charges. If not, you can also file a civilian complaint for these criminal charges and a Judge will determine whether or not these charges should be issued at a probable cause hearing.

Frequently Asked Questions (FAQ) About Filing a Restraining Order in NJ

FAQ: Where can I file for a temporary restraining order (TRO)? At a Superior Court or at a police department.

FAQ: If a temporary restraining order (TRO) is issued, what happens? The Judge signs an Order prohibiting the defendant from having any contact with you and the police serve the defendant with the restraining order paperwork. A final hearing in court is usually scheduled within 10 days.

FAQ: If a restraining order application is denied, what happens? Then no restraining order is in place and the defendant is not restrained from having contact with you. If you disagree with the Judge’s ruling, you can always try to file an appeal.

FAQ: Where will the restraining order case he held? In the Superior Court, Family Division, in the county in which your restraining order was filed and issued.

FAQ: Can my kids be listed on the restraining order? Yes, your children can be listed on the TRO. Other family members can also be listed such as your parents, etc.

File a Restraining Order Lawyers in Parsippany NJ

If you or a loved one needs assistance filing a temporary restraining order (TRO) in New Jersey, contact the Tormey Law Firm now for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.