Hunterdon County Restraining Order Attorneys
Handling Temporary Restraining Order Trials in Flemington, NJ
The restraining order lawyers at the Tormey Law Firm are fully familiar with what it takes to obtain or fight against a restraining order in Hunterdon County. Whether you are the victim of domestic violence or you are alleged to have perpetrated a predicate act of domestic violence, your restraining order case will be handled 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.
Regardless of your domestic violence situation in Hunterdon County, the restraining order attorneys at the Tormey Law Firm are ready to help you get a restraining order or defend you against an allegation of domestic violence. We represent clients throughout Hunterdon County, including in Flemington, Raritan, Readington, and Clinton. Contact our offices now for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge. Here is a restraining order case we handled for a client in Hunterdon County with fantastic results.
Here is a review from one of the many satisfied clients of the Tormey Law Firm:
“Travis is a Magician once he walks into Court and goes out of his way to ensure we WIN. He is a keen listener and made sure in getting the best information from me to argue my case. Being a novice in Court, Travis made me feel confident each time I had to be present in court. He has been very client centric and supportive even post completion of my legal proceedings, whenever I have required clarifications on how my concluded legal proceedings will have an impact on certain areas of my life, he has offered his advice in a timely and patient manner. All that being said, what makes Travis different is he has got the experience, knowledge and the fight in him to WIN. Thanks Travis. Be the Best.” – C.R.
Is a Restraining Order Case Different than a Criminal Case?
Yes. A restraining order is a civil matter and will be handled in the Family Division of the Hunterdon County Superior Court. If you were arrested and are facing criminal charges also, that’s a completely separate case that will be handled in a different court by a prosecutor and a different Judge. The results of the criminal case and the restraining order are totally separate and have no relation to the other. You could win the restraining order, lose the criminal case, win both, or lose both cases.
In the restraining order case, the Plaintiff has the burden of proof and it is a civil standard of proof which is known as “by a preponderance of the evidence”. This means more likely than not, or a 51% standard of proof. The plaintiff must prove that an act of domestic violence occurred. That there is a prior history of domestic violence between the parties. And that the plaintiff is reasonable to be in fear for their safety and needs the protection that a restraining order provides. The plaintiff can testify and provide evidence to the Judge including the following:
- Video evidence
- Text messages
- Hospital records
- Police reports
This evidence will be reviewed by the Judge to determine whether or not a final restraining order should be issued in the case. The defendant can testify in their own defense but doesn’t have to. They can also admit their own evidence if they choose to.
On a criminal case, the prosecutor will be handling the domestic violence charges and must prove the case beyond a reasonable doubt. Again, any criminal charges will be handled separately in a different court than the restraining order matter.
HUNTERDON COUNTY SUPERIOR COURT
Domestic violence cases and hearings for restraining orders in Hunterdon County will be heard at the Hunterdon County Superior Court. The Hunterdon County Superior Court is located at 65 Park Avenue, Flemington, NJ 08822, is open from 8:30 a.m. to 4:30 p.m. and can be contacted at 908-237-5800. Click here for more information regarding the Hunterdon County Superior Court. For directions to the Hunterdon County Superior Court, click here.
HUNTERDON COUNTY FAMILY DIVISION – DOMESTIC VIOLENCE UNIT
Any restraining order cases in Hunterdon County Superior Court will be handled by a Judge who sits in the Family Part of the Chancery Division of the Hunterdon County Superior Court. The Presiding Judge of the Hunterdon/Somerset/Warren Vicinage Family Part is the Honorable Hany A. Mawla, P.J.Fp., whose chambers are located in the Somerset County Courthouse and can be contacted at 908-231-7647. The Hunterdon County Family Part also has a Domestic Violence Unit within the Family Case Management Office with court staff dedicated to domestic violence and restraining order cases. The Family Case Management Office can be contacted at 908-237-5920. For more information on the Hunterdon County Family Division.
HUNTERDON COUNTY PROSECUTOR’S OFFICE DOMESTIC VIOLENCE UNIT
The Hunterdon 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 Hunterdon County. The Hunterdon County Prosecutor’s Office is located at 65 Park Avenue, Flemington, New Jersey 08822-0756, and can be contacted at 908-788-1129.For more information on the Hunterdon County Prosecutor’s Office, click here.
DOMESTIC VIOLENCE RESOURCES AND SERVICES IN HUNTERDON COUNTY
If you’re the victim of domestic violence in Hunterdon 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), which 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 Hunterdon County.
Safe In Hunterdon provides victims of domestic violence in Hunterdon County with a variety of domestic violence services. Safe in Hunterdon is located at 47 E. Main Street, Flemington, NJ 08822 and can be contacted at 908-788-7666 or at the 24/7 domestic violence hotline at 908-788-4033. Safe in Hunterdon offers emergency shelter, transitional housing, counseling services and batterer’s intervention. To learn more about Safe in Hunterdon, click here. Additional domestic violence services such as batterer’s intervention, anger management, counseling and family services may be found through the New Jersey Department of Children and Families. Click here for a list of available domestic violence services in Hunterdon County.
In addition to the locally available domestic violence services in Hunterdon 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 HUNTERDON COUNTY
Victims of domestic violence in Hunterdon County may be able to obtain assistance with legal issues related to restraining orders by contacting the Legal Services of Northwest New Jersey at the Hunterdon County office located at 82 Park Avenue Flemington, NJ 08822, phone: 908-782-7979
Help to file a Restraining Order in Hunterdon County NJ
If you are the victim of domestic violence in Hunterdon County, you can request a temporary restraining order at the Hunterdon County Family Case Management Office in the Hunterdon County Courthouse, which takes complaints related to restraining orders from 8:30 a.m. to 3:30 p.m., Monday through Friday. 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 perpetrator resides, or where the domestic violence occurred. Click here for the contact information for local police departments in Hunterdon County.
How to Appeal a Final Restraining Order Issued Against Me in Hunterdon County Court
If a Judge issued a final restraining order (FRO) against you in the Hunterdon County Court, you have the right to appeal. Your appeal must be filed within 45 days to the Appellate Division in Trenton. The appeal must detail the errors made by the Judge with regard to the facts, the law, etc. If you need assistance filing an appeal of a final restraining order, contact our experienced attorneys now for immediate assistance. The initial consultation is always provided at no cost to you.
How to Remove an Old Restraining Order in Hunterdon County NJ
If you had a restraining order issued against you years ago in Hunterdon County NJ, you may be eligible to have it removed. Restraining orders in New Jersey are permanent and they never expire (while in some other states they do). However, you can always try to file a motion to have the restraining order vacated and dismissed. This motion must be filed with the Hunterdon County Court with a copy to the Plaintiff. The motion must detail why there has been a significant change in circumstances since the issuance of the original FRO such that the restraining order is no longer necessary and should be removed. The plaintiff will have an opportunity to object in writing and appear at the motion hearing in court. The Judge will then decide whether or not to grant the motion.
Our lawyers have literally helped hundreds of clients in NJ remove old restraining orders from their record. Contact us now for a free initial consultation.