Need a Lawyer for Restraining Order Case in Hudson County NJ
Local Domestic Violence Lawyers in Jersey City, New Jersey
If you live in Hudson County and need a restraining order or are fighting a restraining order, the knowledgeable domestic violence attorneys at the Tormey Law Firm can help you with your case. Being either the victim of domestic violence who needs a restraining order in Hudson County or the accused perpetrator of domestic violence is a stressful situation. The versatile domestic violence attorneys at the Tormey Law Firm have fought to obtain restraining orders for victims and, in other cases, defended the accused and succeeded in having restraining order cases dismissed. We represent clients throughout Hudson County including in Bayonne, Hoboken, Weehwaken, and Secaucus. Contact our offices now for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.
Your restraining order case will be heard in the County Superior Court that has jurisdiction over the case, that is either in the county in which the parties reside or the county in which the alleged acts of domestic violence occurred. Click here to learn more about when a particular court will have jurisdiction over a restraining order case.
The experienced restraining order lawyers at the Tormey Law Firm are here to help you with your domestic violence case in Hudson County. Here are two examples of restraining order cases we handled in Hudson County Superior court recently with great success.
- Simple Assault and Restraining Order dismissed Hudson County
- Restraining Order Dropped Jersey City in favor of Civil Restraints Agreement
Here is a review from one of our many satisfied domestic violence, restraining order clients:
“Breath of fresh air”
Posted by anonymous
“Chris was respectful, courteous, well spoken and very professional. He slowly explained the entire process, prepped me patiently before the court hearing and it looked like he genuinely cared about his work. Afterwards he stuck around to answer any questions I may have. I highly recommend Chris if you want a lawyer you feel like you can trust and not just take your money. He made the experience very personable and even gave me his direct cell phone. If I ever need another lawyer in NJ I will call Chris for sure!”
What happens when I appear in court for the final hearing?
After you have been issued a temporary restraining order, you will appear in court as the plaintiff or the defendant. The hearing is typically scheduled within 10 days of the issuance of the order. Once you appear in court, the Judge will ask the plaintiff if he or she wants to proceed with the case. If they do not, the plaintiff can dismiss the restraining order on the record in court after speaking with domestic violence counselors and confirming that they are not being forced or threatened to dismiss the case. If the plaintiff wants to proceed, the case will proceed to trial. This is a civil case that will be handled in the Family Division of the Superior Court, in this case Hudson County. The plaintiff can represent themselves in court or hire an attorney to represent them. Same for the defendant. There are no public defenders for restraining order cases because they are not criminal in nature.
Once the trial begins, the Plaintiff has the burden of proof and must prove every element of the case by a preponderance of the evidence which means “more likely than not”. They must first show that a predicate act of domestic violence occurred such as harassment, assault, terroristic threats, or cyber harassment. If the plaintiff can establish that any one of these was committed than that is sufficient for the court. Next, they must show that there is a prior history of domestic violence between the parties. Finally, they must show that they are in fear for their safety and a reasonable person in their position would be in fear and need the protection that a restraining order provides.
What evidence can I use at trial?
The most important evidence at trial will be the testimony of the Plaintiff and the defendant (who can testify but doesn’t have to since the burden of proof is on the plaintiff). In addition, witnesses can be called. These witnesses must have first hand knowledge of the domestic violence and have witnessed it themselves. In addition, both parties can use phone records, text messages, emails, photos, police reports, hospital record, etc. Both parties (and their lawyers if they have them) will have an opportunity to cross examine the other party regarding the facts and evidence they are using.
HUDSON COUNTY SUPERIOR COURT
Restraining orders in Hudson County and other domestic violence matters will be heard at the Hudson County Superior Court, located at, 595 Newark Avenue Jersey City, NJ 07306, which is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, and can be contacted at 201-795-6600. Click here for more information regarding the Hudson County Superior Court. For directions to the Hudson County Superior Court, click here.
HUDSON COUNTY FAMILY COURT – DOMESTIC VIOLENCE UNIT
Restraining order cases in Hudson County Superior Court are handled by a Judge who sits in the Family Part of the Chancery Division of the Hudson County Superior Court. The Presiding Judge of the Hudson County Family Part is the Honorable Maureen Mantineo, P.J.F.P. whose chambers can be contacted at 201-795-6775. The Hudson County Family Part also has a Domestic Violence Unit with court staff dedicated to restraining order cases. The Domestic Violence Manager is Carl Biscaldi, who can be contacted at (201) 795-6983. Click here for more information on the Hudson County Family Court Domestic Violence Unit.
HUDSON COUNTY PROSECUTOR’S OFFICE
The Hudson County Prosecutor’s Office is also available for assistance with domestic violence cases and may prosecute criminal charges against those accused of perpetrating crimes related to domestic violence or criminal contempt charges against anyone accused of violating the terms of a temporary or final restraining order in Hudson County. The Hudson County Prosecutor’s Office is located at 595 Newark Ave, Jersey City, NJ, phone: 201-795-6400 and can be contacted at 201-795-6400. For more information on the Hudson County Prosecutor’s Office of Victim Witness Advocacy, click here.
DOMESTIC VIOLENCE RESOURCES AND SERVICES IN HUDSON COUNTY
If you’re the victim of domestic violence in Hudson County, don’t hesitate to call the confidential National Domestic Violence Hotline at 1-800-799-SAFE (7233) or the New Jersey Domestic Violence Hotline at 1-800-572-SAFE (7233), are available on a 24/7 basis for domestic violence victims and others seeking crisis intervention and/or referrals to local services. And click on the following link for the New Jersey Coalition to End Domestic Violence to learn about what services and resources are available in Hudson County.
Local services are available to victims of domestic violence in Hudson County through Women Rising, Inc. This program is located at 270 Fairmount Ave, Jersey City, NJ 07306, and has a 24/7 domestic violence hotline at 201-333-5700. Women Rising, Inc. provides assistance to victims of domestic violence with obtaining shelter, counseling, support, and legal advocacy. To learn more about Women Rising, Inc.,click here. Additional services in Hudson County related to domestic violence such as anger management, counseling, and family services can be found by clicking on the following link.
In addition to the locally available domestic violence services in Hudson County, there are also statewide and national services available for the victims of domestic violence. In New Jersey, the Department of Children and Families’ Division on Women, Office of Domestic Violence Services funds twenty-three domestic violence programs and the New Jersey Coalition for Battered Women. Click on the following links to learn more about New Jersey’s Office of Domestic Violence Services, the Coalition for Battered Women, or the National Coalition Against Domestic Violence.
LEGAL SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE IN HUDSON COUNTY
Victims of domestic violence in Hudson County may be able to obtain assistance with obtaining restraining orders by contacting Northeast New Jersey Legal Services, Jersey City Office located at 574 Summit Avenue, 2nd floor, Jersey City, NJ 07306
Phone: (201) 792-6363
Help Filing a Restraining Order in Hudson County NJ
If you are the victim of domestic violence in Hudson County, you can request a temporary restraining order at the Hudson County Superior Court Domestic Violence Intake Office located 595 Newark Avenue, Room 220, Jersey City, New Jersey 07306, 201-795-5385. The Domestic Violence Intake Office takes complaints related to restraining orders from 8:30 a.m. to 3:30 p.m. Anytime before 8:30 a.m., after 3:30 p.m., on weekends, or holidays a complaint for a temporary restraining order can be filed at the local police department where the victim of domestic violence resides, where the defendant resides, or where the domestic violence occurred. Click here for the contact information for the police departments in your municipality.
Do I have grounds to file a restraining order in Hudson County?
Many clients call our office to ask whether or not they can file a restraining order in the Hudson County Superior Court in Jersey City, NJ. The first question is whether or not the alleged victim has standing under the Domestic Violence Act. The parties must have been in a dating relationship, lived together, or have a child together in order to qualify to file a restraining order in New Jersey. In addition, the parties must reside in Hudson County or the alleged act(s) of domestic violence must have occurred in Hudson County for the court to have jurisdiction to hear the case.
If the permanent restraining order issues, the defendant is fingerprinted and placed into a statewide database for domestic violence offenders. They can’t own or possess a firearm. This could impact their immigration status if they are not a United States citizen. It could also effect any professional licenses they may have and their ability to travel in and out of the country.
How do I appeal a Final Restraining Order issued in Hudson County Court?
If a final restraining order (FRO) was issued against you in Hudson County court, you have the right to appeal the Judge’s ruling to the Appellate Division in Trenton, NJ. The appeal must be filed within 45 days of the issuance of the final restraining order (FRO). You must file a notice of appeal with the grounds or legal basis as to why you are appealing. You must pay the filing fee $250 and you must order the transcript of your trial so that the Appellate judges can review what happened at your hearing and make a ruling on the legitimacy of your appeal. The appeal can be decided on the papers, which means just based on the legal briefs that are filed, or there can be oral argument held in Trenton where you can argue your case to the Appellate panel. It is important to have a lawyer experienced in restraining order appeals assist you throughout this complex process.
How do I remove an old restraining order issued against me in Hudson County Court?
In order to remove an old restraining order issued against you years ago in the Hudson County Superior Court, if the victim doesn’t dismiss it voluntarily, you must file a motion to have it removed. You must file the motion to remove the restraining order in the county in which the original order was issued (in this case Hudson County). You must order a transcript of the original proceeding, if it exists. If no transcript exists, you must get a letter from the court stating that and attach it to your motion papers. This is known as a “Carfagno motion” based on the case of Carfagno v. Carfagno. A defendant must convince the Judge that there has been a significant change in circumstances such that the restraining order is no longer necessary and should be removed and dismissed. A copy of this motion must be served on the plaintiff and then the case will be scheduled for a hearing in the Hudson County Superior Court. We can assist you in filing a motion to remove an old restraining order in Hudson County and represent you at this hearing in court.
If you or a loved one needs assistance and a lawyer for a restraining order trial in Hudson County, contact us not for a free consultation at 908-336-5008.