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Final Restraining Orders in New Jersey

Need an Attorney for a Final Restraining Order Hearing in NJ? We Can Help

Best Restraining order lawyers NJ Bergen County near me help

Final Restraining Order Lawyers NJ

A final restraining order hearing is essentially a trial before a Superior Court Judge. Therefore, it is imperative that you hire a trial attorney who is familiar with these types of hearings as well as the subject matter. Although restraining orders is NJ are civil and are handled in the family division, they also have a lot of criminal law elements as all of the predicate acts of domestic violence (assault, harassment, terroristic threats, stalking) are enumerated under the New Jersey criminal code. Our NJ restraining order attorneys at the Tormey Law Firm LLC are criminal lawyers who also do restraining orders because of the close ties and similarities between these areas of law.

Is a Final Restraining Order Permanent in New Jersey?

If a final restraining order is issued in NJ, it is permanent and never expires. Thus, it is imperative that you avoid the issuance of an FRO before it is too late.

If you or a loved one needs legal representation at a Final Restraining Order (FRO) hearing, the restraining order attorneys at the Tormey Law Firm LLC can help. Our experienced lawyers have been prosecuting and defending against restraining orders in every county in NJ for many years including in Bergen, Hudson, Passaic, and Morris Counties. In fact, our managing partner, Travis J. Tormey, has been recognized as a legal resource for domestic violence by CBS radio, the Star Ledger, and the Daily Record. Contact our offices anytime for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.

Here are some examples of our successes during real NJ restraining order cases:

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

5.0 stars
Posted by Stanley

“After receiving a Restraining Order by an ex girlfriend accusing me of harassment which was false, I contacted the law firm. They were very professional and help to keep me calm and relaxed. Travis and Chris helped me to get all the information I needed. I was also in the process of obtaining a high level position when this happened and was concerned about it affecting me getting the new job. Chris helped to get the case dismissed as quickly as possible and did an excellent job of keeping me informed. They are a great law firm and would recommend them to anyone.”

To Get a Final Restraining Order in New Jersey, You Need to Prove 3 Things: An Act of Domestic Violence, A Prior History of Violence, and a Need for Protection

Once a temporary restraining order (TRO) is issued by a Superior Court Judge, the case will be listed for a final restraining order hearing. This hearing is usually scheduled within 10 days of the issuance of the TRO.

The purpose of the FRO hearing is to determine whether or not a final or permanent restraining order should issue. Essentially, a Superior Court Judge in the Family Division will hear all the evidence and determine if he or she believes there are grounds for a restraining order. The essential elements the plaintiff must prove are as follows:

How do I prove the Elements Necessary to Get a Permanent Restraining Order

The most important evidence in a restraining order trial will always be the testimony of the parties. The Plaintiff goes first and will explain the alleged acts of domestic violence, any alleged prior history, and if they are in fear for their safety. Then, the Plaintiff will submit any evidence they have to the court to substantiate this testimony including but not limited to:

  • Pictures of injuries
  • Videos of altercations
  • Text messages
  • Voicemails
  • Emails
  • Social Media Postings, Messages
  • Police Reports
  • Hospital Records
  • Witnesses

This evidence will be used to convince the Judge that a final restraining order is necessary and should be issued. Then, the Defendant will testify (if they choose to do so) and admit any evidence they have. After all of the evidence and testimony is heard, the Judge will make a ruling on the case.

Consequences of a Final Restraining Order Being Issued

If the Judge finds that there is insufficient evidence, the temporary restraining order will be dismissed. At that point, all of the previous restraints are removed and the parties will go about their business as usual. If a new act of domestic violence allegedly occurs, the Plaintiff can always attempt to file for a new temporary restraining order. However, he or she can not file for a new temporary restraining order based on these previously litigated allegations.

On the other hand, if the Judge finds all three elements required to obtain a permanent restraining order, by a preponderance of evidence which is the standard of evidence for civil cases in New Jersey, then a Final Restraining Order (FRO) will issue. These are permanent in NJ and never expire. The collateral consequences include the following:

  • The defendant is fingerprinted and placed in a domestic violence database for offenders
  • The defendant cannot have any contact with the plaintiff or any other protected parties listed in the FRO. If the defendant violates the FRO, he or she will be arrested and charged criminally with contempt. A second violation requires mandatory incarceration.
  • The defendant can not own firearms and must forfeit any firearms previously owned.
  • The defendant will be detained when traveling at airports to confirm that he or she is not traveling with the plaintiff or following them

The restraining order can be appealed and also can be vacated in the future depending on the circumstances of the original hearing.

Because these proceedings are civil in nature, the defendant does not have a right to a public defender and can obtain private counsel or represent themselves. Plaintiffs who can not afford counsel can typically obtain a free lawyer through domestic violence groups.

Once a Final Restraining Order is Issued against me, how can I remove it?

There are essentially three ways to remove a final restraining order in New Jersey after it has been issued. First, you can appeal the Judge’s decision and win. You have 45 days to appeal the issuance of the FRO and you must file an appeal to the Appellate Division in Trenton. Second, at any point in the future, the plaintiff can voluntarily dismiss the restraining order. He or she must go to court and place it on the record so the Judge can confirm they are not being threatened or coerced to do so.

Finally, you can file a motion to have the restraining order removed after some time has passed and you can argue that there has been a significant change in circumstances such that the restraining order is no longer necessary and should be lifted. If both parties move away and live in different states, there have never been any violations of the order, and some years have passed since the issuance of the original restraining order, the defendant has a viable motion to have the restraining order removed.

I need a lawyer for a Final Restraining Order in New Jersey – Contact the Tormey Law Firm Now

If you or a loved one has a final restraining order hearing fastly approaching, act now. You need legal representation to have your rights properly protected. Contact our experienced restraining order attorneys now for a free initial consultation at (908)-336-5008.

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, NJ.com, 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.

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