I want to file a restraining order NJ – Do I have grounds?

Restraining Order Lawyers Near Me with offices in Hackensack, New Jersey

Grounds for restraining order NJ? In order to file a temporary restraining order (TRO) in New Jersey, you must have standing and jurisdiction to do so. In addition, you must establish the requisite proofs for a Judge to enter a TRO. Specifically, that a predicate act of domestic violence occurred, that there is a prior history of domestic violence between the parties, and that you are reasonable to be in fear of the defendant and need the protection of the court.

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 Mahwah, East Rutherford, North Arlington, and Ridgewood. 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 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 in ’13, ’14’, ’15, and ’16 and is a 10.0 rating.

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

5.0 stars
Posted by Anonymous

Win!

“Travis Tormey is a highly skilled, compassionate, knowledgeable and cutting edge attorney who keeps up to date with current laws to help his clients. Take the time to watch his instructional videos and you will see how knowable he is in the field of law. Everyone in his firm is so helpful from the …person who answers the phones to his assistant. I felt very taken care of at every step of the way and they took the time to explain everything to me before each step happened during the process. Mr. Tormey himself was an excellent coach to help me present the day of trail beautifully and took three different meetings with me to help prepare for the day of trial. I cannot say enough about this man and his entire team. The right choice of representation makes the difference of a win or loss. I like to win, and we did!”

What are grounds for a Restraining Order in NJ?

Many potential clients contact our office asking if they have grounds to file a restraining order in New Jersey. Here are the basics:

To obtain a temporary restraining order in NJ, you must show the following:

1. That a predicate act of domestic violence has occurred.
   1. This can be assault, harassment, stalking, terroristic threats, etc. You can allege multiple acts of domestic violence but you must have at least one of the enumerated predicate acts of domestic violence in order to obtain a temporary restraining order (TRO). The predicate act(s) must have occurred recently in order to file for the emergent relief that a temporary restraining order provides. The argument is, if these acts of domestic violence occurred, then the plaintiff should file for a TRO right away, not wait weeks or potentially months later,.
2. Prior history of domestic violence
   1. Most cases also require a showing of a prior history of domestic violence over and above the predicate act of domestic violence that occurred above. In certain cases, if the predicate act of domestic violence is very egregious then no showing of a prior history of DV will be necessary to obtain a restraining order.
3. Victim needs the restraining order to protect them
   1. You must be able to show the judge that you need the restraining order to protect your safety and well-being. A reasonable person in your situation would be in fear of the defendant and would need the protection of the court system to feel safe.

If you can show all three of the above factors, then you have grounds to obtain a restraining order in NJ. However, you must also have standing to obtain a restraining order as well. Standing means that you are a protected party under the prevention of domestic violence act. To have standing to be able to file a restraining order in NJ, one of the following must apply to you:

• 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 those scenarios apply to you, then you have standing to apply for a temporary restraining order (TRO). You can do so by going to your local police department or to the Superior Court in the county in which you reside.

No Standing for a Restraining Order under the Domestic Violence Act? You may be able to file for a Temporary Protective Order

Because there were some victims who were unable to file for a temporary restraining order under the Domestic Violence Act because of the lack of a dating relationship, Governor Murphy in July 2023 expanded the ability of victims to file for a temporary protective order instead.

“In a continued effort to support victims of domestic violence, Governor Phil Murphy today signed S-1517, authorizing the issuance of protective orders for certain victimized persons in situations for which domestic violence statutes do not apply due to lack of familial or dating relationship between the victim and offending actor. Specifically, the bill provides greater protections to individuals who have been victimized through abusive behavior, regardless of their current or prior relationship status to the alleged actor, by expanding the eligible acts for which a protective order may be obtained.”

The statute that governs Temporary Protective Orders is N.J.S. 2C:14-15 and allows alleged victims to file for a temporary order of protection when the applicant is a victim of nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, or stalking or cyber-harassment”

So, even if you do not have standing under the domestic violence act, you can still potentially file for a temporary protective order if you can establish any of the above acts of domestic violence

• nonconsensual sexual contact
• sexual penetration
• lewdness
• stalking
• cyber-harassment

Frequently Asked Questions (FAQ) About Restraining Order Grounds in NJ

FAQ: How do I know if I have grounds for a restraining order in NJ? Speak to an attorney or a domestic violence advocate from the court. If an act of domestic violence occurred recently, it is likely that you have grounds for a restraining order.

FAQ: How do I know if I need to file a temporary restraining order (TRO) or a temporary protective order (TPO)? It depends on the nature of your relationship with the other party and the allegations. You should consult with a lawyer or a domestic violence advocate from the court who can assist you.

FAQ: How do I know what predicate acts of domestic violence to include in my TRO? Review our website, read the NJ laws on assault, harassment, terroristic threats, stalking, etc. and see which apply to your case. And hire an attorney to assist you throughout the process.

I need help filing a restraining order in NJ? Contact the Tormey Law Firm

For more information, contact the Tormey Law Firm directly at (908)336-5008.