Jersey City Restraining Order Dropped in Hudson County Court
Restraining Order Lawyers Handling Domestic Cases in Jersey City, New Jersey
Have you been served with a restraining order in Jersey City? Do you want to file a restraining order against someone in Jersey City? Contact us for help. Our highly skilled Jersey City domestic violence lawyers have successfully represented countless clients on both sides of restraining order cases in Hudson County Superior Court. Here is a real case we handled for a very satisfied client in Hudson County. We provide more useful information if you are involved in a restraining order case in Jersey City, New Jersey below for your reference. If you would like to discuss your specific Jersey City domestic violence case with an experienced attorney who can help, contact us now at 908-336-5008 for a free, confidential consultation.
Hudson County Restraining Order Dismissed thanks to the Tormey Law Firm LLC.
Travis J. Tormey recently represented a client facing a final restraining order (FRO) in the Hudson County Superior Court in Jersey City, New Jersey. The client’s ex-girlfriend filed a restraining order against him based on harassment and stalking for allegedly calling her named through text messages and for leaving a note on her new boyfriend’s car saying negative things about her. The client and his ex-girlfriend have a child together so this was really crucial to avoid a permanent restraining order in this case.
Because there were no actual threats and the alleged stalking only occurred on a single date, Mr. Tormey was able to negotiate a dismissal of the permanent restraining order. Without any violence or threats of violence, it would have been difficult for the alleged victim to prove that it was reasonable for her to be in fear for her safety. In addition, stalking could not be established because stalking requires multiple incidents and in this case even her allegations only established one incident of stalking.
Based on this lack of evidence, the restraining order was dismissed and the parties entered into a consent order known as civil restraints. The parties agreed to have peaceful contact through email and text message only regarding the care of their child. This was a satisfying result for both the client and the Tormey Law Firm.
The defendant was able to avoid a permanent restraining order on his record in New Jersey which never expires. He would have been fingerprinted and placed into a statewide database for domestic violence offenders. He would have been prevented from owning or possessing firearms. In addition, it could have effected his immigration status and professional licenses and would effect his ability to travel in and out of the country and at any airport in the US.
How to Obtain a Restraining Order in Jersey City, New Jersey
There are two ways to obtain a temporary restraining order in Jersey City, New Jersey. The first way is to visit the Hudson County Superior Court located at 595 Newark Avenue in Jersey City. The courthouse is open Monday through Friday and the Clerk’s Office is open from 9:00 am to 4:00 pm. Moreover, the courthouse is only a few blocks away from the Journal Square PATH station. Thus, it is very accessible if you need public transportation.
Once you enter the building, the Family Division is located on the second floor. From there, you can speak to the clerk and indicate that you need a restraining order. The clerk will assist you with the process by preparing the proper documentation that will be reviewed by a judge. Once the proper paperwork is completed, you will go before a judge and you will have to explain to him or her why you need protection. If the judge concludes that there is a sufficient basis for an order of protection, he or she will issue a temporary restraining order.
The second way to obtain a temporary restraining order is to either contact or visit your local police department. Please keep in mind, if you wish to visit police headquarters, it must be done when the courts are closed. If you visit the police station during normal business hours, the police will direct you to visit the courthouse.
In Jersey City, there are four precincts where you can request a temporary restraining order:
- North District, which is located at 282 Central Avenue, Jersey City, NJ 07307,
- South District, located at 191 Bergen Avenue, Jersey City, NJ 07305,
- West District, which can be found at 1 Jackson Avenue Jersey City, NJ 07304, and
- East District, whose address is 207 7th Street, Jersey City, NJ 07302.
Similar to visiting the court, you will need to explain to the police that you are requesting a restraining order and furthermore, will need to explain why you need protection. An officer will prepare the proper documentation and soon after, contact a judge to review the matter. If the judge determines there is proper grounds, he or she will issue a temporary restraining order.
Who can Get a Restraining Order in Jersey City NJ?
It’s important to recognize that not everyone can file for a restraining order. Many people believe that if they feel threatened by someone, they are entitled to an order of protection. Unfortunately, that is not true. The Prevention of Domestic Violence Act was passed to provide protection to people involved in an abusive familial or household relationship. Thus, only spouses, former spouses, dating partners, past partners, household members, or former household members can file for a restraining order. Also, if you share a child with someone or expect to share a child, you can file for an order of protection.
Need a local Jersey City Restraining Order Lawyer?
If you or a loved one needs assistance with a permanent restraining order in Hudson County NJ, contact the Tormey Law Firm for help. Our attorneys are available immediately to assist you at (908)-336-5008 and the initial consultation is always provided free of charge.