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Served with a Restraining Order in Hoboken? Need to File One? We can help

Experienced Domestic Violence Lawyers Available Now to Assist You

Hoboken Restraining Order Lawyers NJHave you recently been served with a restraining order in Hoboken, NJ and are concerned about how it will impact your future?  Are you considering filing a restraining order against someone for domestic violence?  Whether you are a Plaintiff or a Defendant in a restraining order matter, The Tormey Law Firm has represented numerous clients throughout New Jersey and Hoboken and is ready to help you.  

How do I get a Temporary Restraining Order (TRO) in Hoboken?

Temporary restraining orders in Hoboken are obtained by either visiting the Hudson County Superior Court, Family Division located at 595 Newark Avenue, Jersey City, 07306 during the Court’s normal business hours of 8:30am to 4:30pm, or after the Court’s hours of operation by visiting the Hoboken Police Department located at 106 Hudson Street.  In order to be granted a temporary restraining order, the Plaintiff must assert that an act of domestic violence has occurred by a party that falls under New Jersey’s Domestic Violence Act.  

Following the issuance of a temporary restraining order, a hearing is scheduled approximately 10 days later.  The matter will be heard before a Judge in the Hudson County Superior Court, Family Division unless parties resolve the matter without going to trial.  Many times resolution of restraining order cases can occur through parties entering a Civil Restraints Agreement.  Civil Restraints are negotiated agreements used to resolve the pending restraining order matter.  Such agreements may include prohibited and acceptable types of contact and/or communications between parties, third parties and more.  If a party violates the terms of the agreement, the available consequences significantly differ from a violation of a restraining order. 

Although restraining orders are considered civil in nature, there can be a criminal component should a defendant violate the terms of the Order. Violations of a civil restraints agreement, however, do not have as weighty ramifications.  In fact, if there is a violation of civil restraints, many times the party will file a new restraining order and use the previously executed civil restraints agreement in Court to bolster an argument to proceed with the current restraining order.  Thus, it is important to realize that a violation of a TRO or FRO can have criminal consequences, whereas, the violation of a civil restraints agreement could lead to civil consequences.  A violation of a temporary or final restraining order, results in a party facing contempt charges.  A second contempt charge in NJ requires a defendant to serve a mandatory jail sentence. 

What happens at a restraining order trial?

Should the case go to trial, preponderance of the evidence is the standard of proof used in restraining order matters. This means the plaintiff has to prove that it more likely than not that a fact or occurrence transpired.  In addition, relying on case law set forth by Silver v. Silver, the burden is on the plaintiff to prove that 1) defendant committed at least one act of domestic violence and 2) there is a continued need for protection.  In conjunction with the above, parties must also have a relationship under New Jersey’s Domestic Violence Act.  Relationships under the Act include: a spouse or former spouse, past or present household members, and individuals in past or present dating relationships.  If you do not meet the relationship requirements under the New Jersey’s Domestic Violence Act, a No Contact Order may be imposed from the Criminal Court in concurrence with pending criminal charges.  A No Contact Order is separate and distinct from a restraining order because it is governed by the Criminal Court, however, it is similar in that it prevents contact.  

It is important to go into a restraining order trial prepared so that you have the best chance for success.  Despite whether you are the Plaintiff or the Defendant, it is imperative to consider any and all evidence related to your encounters with the other party.  During trial, parties can utilize witnesses to provide testimony to strengthen or disprove statements made by another party.  Sometimes a party may call a witness that has seen the relationship or recount an event or series of events that speak to the other party’s actions or behaviors.  Parties can also subpoena a witness or documents, including, but not limited to phone records or other related materials, to present at trial.  Other times a party may obtain expert opinion or illicit videos or recordings associated with the allegations in the restraining order. 

What happens if a final restraining order (FRO) is issued?

If the final restraining order is granted, it will remain on one’s record indefinitely.  However, you have 45 days from the entry of the restraining order to appeal the Judge’s finding.  The basis for an appeal must be alleged in good faith, which can include: errors with respect to evidence, facts, law or errors during the trial.  A defendant also has the option to file a motion for the removal of the restraining order, but it is important to realize that this type of showing to the Court must be representative of circumstances drastically changing which results in the plaintiff no longer fearing or needing protection from the Defendant.  Usually a period of time (years) have passed for one to explore this option.    

If you are a plaintiff in the restraining order and the matter has been dismissed, you also have 45 days from the dismissal.  You can also appeal for similar reasons listed above or for other reasons based on the circumstances of your case.  

The Final Restraining Order results in significant consequences, including: being stripped of one’s constitutional right to bear arms, Customs and Border Protection stopping the individual while traveling, placing the defendant in a database for domestic violence perpetrators, fingerprinting the defendant and defendant being banned from the same location(s) as the plaintiff.  Thus, the issuance of the restraining order may impact child custody and other aspects of the parties’ lives.    

Contact the Tormey Law Firm for Hoboken Domestic Violence Charges Now

The Tormey Law Firm is highly qualified to assist you in combating domestic violence in New Jersey.  We can help you understand the consequences you are facing and why it is so important to be represented by a seasoned attorney throughout this process from start to finish.

For additional information regarding restraining orders in New Jersey, please continue to explore this website and watch Mr. Tormey’s videos. You also can speak to him directly for a free consultation anytime at (201)-556-1570. We look forward to hearing from you.

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
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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,, 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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