John P. Robertson II — New Jersey Restraining Order Defense Attorney

Experienced New Jersey Restraining Order and Domestic Violence Lawyer with Prosecutorial Background

John P. Robertson II brings nearly four decades of New Jersey legal experience to the restraining order and domestic violence defense team at the Tormey Law Firm. Admitted to practice in New Jersey in 1987, John has spent his career representing clients on both sides of restraining order matters — defending individuals against false or exaggerated allegations and advocating for plaintiffs who genuinely need protection. He handles temporary restraining order (TRO) hearings, final restraining order (FRO) trials, contempt charges for restraining order violations, and the related criminal cases that often accompany domestic violence allegations.

John began his legal career in 1986 as an Assistant Prosecutor with the Morris County Prosecutor’s Office, where he gained firsthand experience evaluating evidence, presenting cases to grand juries, and working alongside law enforcement. Since transitioning to private practice in 1989, he has dedicated himself to defending the rights of those facing serious allegations — using his prosecutorial background to anticipate the State’s strategy in domestic violence criminal cases and to identify weaknesses in the evidence presented at restraining order trials.

Why a Former Prosecutor Matters in NJ Restraining Order Cases

Restraining order matters in New Jersey carry life-altering consequences. A final restraining order (FRO) is permanent in New Jersey and never expires. It results in fingerprinting and placement in a domestic violence offender database, the loss of firearms rights, potential immigration consequences, professional licensing issues, and restrictions on child custody and parenting time. When domestic violence criminal charges are filed alongside the TRO — for offenses such as assault, harassment, terroristic threats, or stalking — the stakes multiply.

Successfully handling these cases requires more than general litigation experience. It requires a deep understanding of how prosecutors evaluate domestic violence cases and how Family Division judges weigh credibility under the preponderance of the evidence standard.

John’s former role as an Assistant Prosecutor gives him unique insight into:

• How prosecutors evaluate the strength of domestic violence criminal charges at intake
• What evidence the State considers essential to proving harassment, assault, or terroristic threats
• How probable cause is established at the TRO stage and where it can be challenged at the FRO trial
• How civil restraints are negotiated as an alternative to a final restraining order
• What arguments resonate with Family Division judges in restraining order trials
• How prior history of domestic violence is presented and rebutted at trial

This insider perspective gives John’s clients a real strategic advantage — particularly in cases where the path to a favorable outcome depends on careful cross-examination of the plaintiff and a thorough challenge to the alleged predicate act of domestic violence.

Areas of Practice

John focuses on restraining order matters and the criminal charges that frequently accompany them throughout New Jersey:

• Temporary Restraining Order (TRO) Hearings — Representing both plaintiffs and defendants at the initial TRO stage
• Final Restraining Order (FRO) Trials — Litigating restraining order trials in the Family Division of the Superior Court
• Predicate Acts of Domestic Violence — Including harassment, assault, terroristic threats, stalking, criminal mischief, and trespass
• Violation of a Restraining Order (Contempt) — Defending fourth-degree contempt charges and mandatory 30-day jail exposure on second violations
• Restraining Order Appeals — Pursuing appellate review of final restraining orders entered by the Superior Court
• Motions to Vacate a Final Restraining Order — Filing applications to dissolve a permanent restraining order based on changed circumstances
• Civil Restraints Agreements — Negotiating resolutions outside of court to avoid an FRO and its collateral consequences
• Weapons Seizure and Forfeiture — Handling weapons forfeiture hearings tied to domestic violence allegations
• Out-of-State Restraining Orders — Addressing the registration and enforcement of out-of-state orders in New Jersey

Defense Strategies in NJ Restraining Order Cases

John approaches every restraining order matter with a comprehensive review of the allegations, communications, and procedural history. Common defense strategies in New Jersey FRO trials include:

• Challenging the predicate act — Demonstrating that the alleged conduct does not legally constitute harassment, assault, terroristic threats, or another predicate act of domestic violence
• Challenging intent — Particularly in harassment cases, where the plaintiff must prove the defendant acted with the purpose to harass
• Cross-examination of the plaintiff — Exposing inconsistencies in the testimony and the timeline of alleged events
• Contesting the prior history of domestic violence — Challenging vague or uncorroborated claims of prior incidents
• Disproving the need for protection — Establishing that a restraining order is not necessary to protect the plaintiff’s safety or well-being
• Introducing communications evidence — Texts, emails, and social media posts that contradict the plaintiff’s narrative
• Negotiating civil restraints — When appropriate, resolving the matter without an FRO
• Identifying ulterior motives — Particularly where the TRO appears strategically timed to gain leverage in a divorce, custody, or property dispute

Recognition and Professional Honors

John’s commitment to client representation has earned him recognition throughout his career:

• Selected for inclusion in the New Jersey Super Lawyers list in the area of Criminal Defense (2009, 2015–2021)
• Recognized in DWI/DUI Defense
• Officer of the Morris County Bar Association
• Former Chairman of the MCBA Municipal Court Practice Committee
• Former Member of the District X Ethics Committee (Morris/Sussex)

No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the selection methodology.

Thought Leadership and Continuing Education

John is an active contributor to the New Jersey legal community. He has participated as a moderator and speaker at legal seminars covering criminal defense, DWI, the Alcotest 7110 breath testing instrument, and juvenile delinquency. He has authored articles on the expungement process and the collateral consequences of motor vehicle violations — topics directly relevant to anyone facing a restraining order, since a final restraining order results in fingerprinting, placement in a domestic violence offender database, and serious collateral consequences that can affect employment, immigration, and firearms eligibility for life.

Education and Bar Admissions

Law School	Dickinson School of Law of the Pennsylvania State University, Carlisle, Pennsylvania — J.D., 1986
Undergraduate	Bucknell University — B.A., cum laude, 1983
Bar Admissions	New Jersey, 1987 · Pennsylvania, 1986
Years of Experience	38+ years

Counties Served Across New Jersey

John handles restraining order matters and related domestic violence criminal cases throughout New Jersey, with particular experience in:

• Morris County — Morristown Superior Court, Family Division
• Essex County — Newark Superior Court, Family Division
• Bergen County — Hackensack Superior Court, Family Division
• Passaic, Hudson, Union, Middlesex, Somerset, Hunterdon, Sussex, Monmouth, and Warren Counties

Speak with a NJ Restraining Order Defense Attorney Today

If you or a loved one has been served with a temporary restraining order in New Jersey — or if you need to file for protection against an abuser — time is critical. Final restraining order hearings are typically scheduled within 10 days of the issuance of the TRO, and the consequences of a final restraining order are permanent under New Jersey law.

The Tormey Law Firm offers free initial consultations and is available 24 hours a day. Call (908) 336-5008 to speak with John or another member of our restraining order defense team, or contact us online to schedule a confidential case review.