Morris County Restraining Order Lawyers
Domestic Violence Attorneys with offices in Morristown, New Jersey
Are you looking to file a temporary restraining order in Morris County, New Jersey? Or, have you been served with a restraining order and you need a lawyer to fight these false allegations against you in court? Our local Morris County restraining order lawyers can help. Domestic violence and restraining order issues can be overwhelming for all of the parties involved. The accused person in a domestic violence case may find themselves facing criminal prosecution for an alleged act of domestic violence such as harassment, criminal mischief, simple assault, or another crime, in addition to a permanent restraining order. The victim often faces their own feelings of fear and intimidation with what happens next and who to turn to for help in securing protection. On both sides of restraining order and domestic violence matters, the outcome can prove extremely consequential for you and those you love. To adeptly navigate through the legal process, you need a knowledgeable and skilled attorney who is well-versed in all aspects of domestic violence law in New Jersey and experienced handling restraining order matters in Morris County specifically. The Tormey Law Firm has everything you want when seeking to protect your interests and secure the best possible outcome in your case.
Over the years, the domestic violence attorneys at the Tormey Law Firm have handled numerous restraining order cases in Morris County and we’re ready to help you get a restraining order or defend you against an allegation of domestic violence. Our Morris County NJ restraining order lawyers represent clients in Dover, Boonton, Denville, Mount Olive, Jefferson, Parsippany, Morristown, and surrounding communities. For more information, contact our Morristown office now for a free initial consultation at (908)-336-5008.
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.
- Madison NJ Restraining Order Dismissed After Hearing in Morris County NJ
- Jefferson Township Domestic Violence Charges and Restraining Order Case Dismissed
- Denville Restraining Order Dropped in Morris County Family Court
- Morris County Final Restraining Order Removed after 14 Years
- Final Restraining Order Removed after 31 Years in Morristown
- Morris County Restraining Order Appeal Filed and Won in Appellate Court
Regardless of whether you are the victim of domestic violence or you are alleged to have perpetrated a predicate act of domestic violence, your 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.
Temporary and Final Restraining Orders in Morris County, New Jersey
If a temporary restraining order is issued in Morris County, the defendant in the case must be served with the order, which also lists the date and time for the upcoming hearing for the final restraining order. The TRO, which remains effective until the court dismisses it or makes it permanent, will subject the defendant to a number of important conditions. Specifically, the person served the TRO cannot contact the victim, come near them, return to the home that they may have shared, have any weapons in their possession, or contact the victim’s family or loved ones. Further complications may arise if the alleged victim and the person accused of domestic violence have a child or children together. In fact, in some cases, the alleged victim may be awarded temporary custody of the children. Changes in child custody or visitation due to domestic violence are often unintended consequences of restraining order proceedings.
Typically, the final restraining order hearing will be held within ten (10) days of the issuance of the temporary order. During this hearing, which is held before a judge in Family Court, there is an evidentiary standard on the plaintiff to prove the defendant committed domestic violence and the plaintiff continues to need protection from the defendant. The defendant, on the other hand, has to put up a strong defense against said allegations.
It is important to note that even if the temporary restraining order in your case is based on false allegations, you cannot and should not contact the other person. Violation of a restraining order is a serious crime in New Jersey that may lead to criminal contempt charges being filed against you. The best thing you can do is to contact an experienced restraining order defense lawyer who can help you prepare the most compelling and comprehensive defense against these allegations.
If you are a victim of domestic violence, you should speak with a knowledgeable domestic violence attorney before heading to court, and it is inadvisable to attend a final restraining order hearing without legal representation. When your safety is in jeopardy, it is extremely important to have a lawyer on your side who can successfully prove that an act of domestic violence occurred, that there is a history of domestic abuse between you and the defendant, and that a permanent order is needed for your protection and safety. Feel free to reach out to our firm anytime if you have questions about how to get a final restraining order against someone else or you would like help obtaining an FRO.
MORRIS COUNTY SUPERIOR COURT
Domestic violence cases and hearings for restraining orders in Morris County will be heard at the Morris County Superior Court. The Morris County Superior Court is located at Washington & Court Streets, Morristown, NJ 07960-0910 is open from 8:30 a.m. to 4:30 p.m. and can be contacted at (973) 656-4000. Click here for more information regarding the Morris County Superior Court. For directions to the Morris County Superior Court, click here.
MORRIS COUNTY FAMILY COURT – DOMESTIC VIOLENCE UNIT
Any restraining order cases in Morris County Court will be handled by a Judge who sits in the Family Part of the Chancery Division of the Morris County Superior Court. The Presiding Judge of the Morris and Sussex County Family Part is the Honorable Maritza Berdote Byrne P.J.F.P., whose chambers can be contacted at 973-656-3944. The Morris County Family Part also has a Domestic Violence Unit with court staff dedicated to domestic violence and restraining order cases that can be contacted at 973- 656-4345. Click here for more information on the Morris County Family Court.
MORRIS COUNTY PROSECUTOR’S OFFICE DOMESTIC VIOLENCE UNIT
The Morris 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 Morris County. The Morris County Prosecutor’s Office Domestic Violence Unit is located at in the Morris County Administration Building, 10 Court Street, 3rd Floor, Morristown, NJ 07960 and can be contacted at 973-285-6191. For more information on the Morris County Prosecutor’s Office and how it handles cases of domestic violence, click here.
DOMESTIC VIOLENCE RESOURCES AND SERVICES IN MORRIS COUNTY
If you’re the victim of domestic violence in Morris County, don’t hesitate to call the confidential 24 hour National Domestic Violence Hotline at 1-800-799-SAFE (7233) or the New Jersey Domestic Violence Hotline at 1-800-572-SAFE (7233). And click on the following link for the New Jersey Coalition to End Domestic Violence to learn about what services and resources are available to victims of domestic violence in Morris County.
The Jersey Battered Women’s Service (JBWS) is located in Morristown and is ready to provide shelter, transitional housing, counseling and advocacy services to victims of domestic violence in Morris County. JBWS can be contacted 24/7 at 973-267-4763. JBWS also provides batterers intervention counseling to those that have perpetrated domestic violence. To learn more about JBWS, click here. For more anger Management, counseling, and family services in Morris County, click on the following link.
In addition to the locally available domestic violence services in Morris County, there are also statewide and national services for the victims of domestic violence in Morris County. 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 MORRIS COUNTY
The Legal Services of Northwest Jersey, Morris County Office is available to assist the victims of domestic violence in Morris County with legal issues. The Morris County Office is located at 30 Schuyler Place, 2nd Floor, Morristown, NJ 07963
Phone: (973) 285-6911.
Frequently Asked Questions for Morris County Domestic Violence Restraining Order Cases
FAQ: I’m the victim (plaintiff). Am I allowed to dismiss the restraining order now that I got one? How do I do that? Yes, a plaintiff (alleged victim) can dismiss a restraining order at anytime. You need to contact the Morris County Superior Court, Family Division and make arrangements to dismiss the restraining order. You will speak to domestic violence advocates from the court who will confirm that you are not being forced or threatened to dismiss. You will sign off on some paperwork stating you understand your rights and the cycle of domestic violence and that you are dismissing the restraining order freely and voluntarily. Then, you will place the dismissal on the record in court with the Judge.
FAQ: Are there any public defenders for restraining order cases? No. This is a civil case, not criminal. So there is no right to counsel or a public defender. If a plaintiff or a defendant can not afford an attorney, they can always represent themselves in court.
FAQ: Can I get the other party to pay for my lawyers fees if I win the case? Yes, but only if you are the plaintiff. If you are the plaintiff and you have a restraining order trial and win and the Judge issues a final restraining order (FRO), the Judge can order the defendant to pay your reasonable attorneys fees. However, if a defendant wins, the Judge can not order the plaintiff to pay the defendant’s legal fees.
Who is Eligible for a Morris County Restraining Order?
For a plaintiff to file for a restraining order, the parties must have a relationship under New Jersey’s Domestic Violence Act. The Prevention of Domestic Violence Act applies to someone who is 18 years and older. Under the Act, parties may be considered one who has been exposed to domestic violence by a spouse, a past or present household member, parties that had a dating relationship, co-parents of a child, or between parties expecting a child.
How do I file a Restraining Order in Morris County NJ?
A victim of domestic violence is entitled to file a restraining order at their local police department, in the local municipal court, or in the Morris County Superior Court. If you are the victim of domestic violence in Morris County and you need a restraining order, you can request a temporary restraining order at the Morris County Courthouse, Domestic Violence Unit, between the hours of 8:30 am to 3:00 pm. After 3:00 pm, on weekends or holidays contact your local police department. Click here for the contact information for local police departments in Morris County.
What are the Consequences of a Final Restraining Order in Morris County?
A Final Restraining Order remains permanent unless and until the restraining order is dismissed by the victim or dissolved through a successful motion to vacate the protection order. Once it is placed on a defendant, he or she must be fingerprinted and is placed in a database along with other domestic violence perpetrators. Further, it influences multiple aspects of the defendant’s life moving forward. For instance, it prevents a defendant from exercising his or her right to bear arms and can even impact travel. Domestic violence allegations also have the potential to cause negative repercussions if the accused is not a permanent U.S. citizen.
How to Appeal a Final Restraining Order in Morris County NJ
To appeal a final restraining order (FRO) arising out of Morris County Superior Court located in Morristown, NJ, you must file an appeal within 45 days to the Appellate Division in Trenton. A filing fee of $250 must be paid 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. It is important to have a lawyer experienced in restraining order appeals assist you throughout this complex process.
How to Remove a Restraining Order From the Past Issued in Morris County Court
If you have an old restraining order issued against you from Morris County NJ, you may be eligible to file a motion to remove it and argue that there has been a significant change in circumstances such that the original restraining order is no longer necessary to protect the victim.
Violation of a Restraining Order in Morris County, New Jersey
If you have been accused of violating a temporary or final restraining order in Morris County, you will be arrested and charged criminally with contempt of court. Depending on the circumstances of the alleged violation, this will either be a felony (indictable) charge or a misdemeanor (disorderly persons offense) which will be prosecuted by the Morris County Prosecutor’s office in the Family Division of the Morris County Superior Court. For a 2nd time restraining order violation and conviction, the defendant must serve thirty (30) days in the Morris County jail.
Weapons Seized for Domestic Violence Restraining Order Morris County, NJ
If a temporary restraining order (TRO) was filed against you, your weapons must be seized under New Jersey law. If the temporary restraining order (TRO) becomes a final restraining order (FRO) you are prohibited from owning or possessing those firearms permanently. You may be able to hire an attorney or negotiate with the Morris County Prosecutor’s office to have those weapons transferred to another family member or sold so you don’t lose them completely. On the other hand, if the TRO is dismissed it doesn’t mean that you automatically get your guns back. The Morris County Prosecutor’s office may return your weapons to you. However, if they don’t, they must file a forfeiture action within 45 days of the seizure in an attempt to forfeit your weapons. The matter will then be scheduled for a hearing before a Judge in the Morris County Superior Court. Our experienced domestic violence and weapons lawyers can assist you and represent you at this hearing. In fact, one of our lawyers used to work in the firearms forfeiture unit of the Morris County Prosecutor’s office. Now, he can assist you in fighting to have your weapons returned.
Does Domestic Violence Happen Often in Morris County?
The New Jersey State Police reports over 2,000 domestic violence arrests and offenses in one year alone in Morris County. While accusations in domestic violence restraining order cases range from property offenses to sex crimes, some of the more frequently involved acts of domestic violence are related to assault, which occurred over 750 times in Morris County in a single year, and harassment, which was the accusation involved in 974 cases in the latest year reported. When domestic violence disputes occur at local residences, the police may be called to the scene to investigate. Officers at the scene of a domestic violence incident must ascertain if and how one or more of the people involved were injured, interview the parties separately, search for any weapons that may be present on the property, inform the victim of their rights to pursue criminal charges and/or a restraining order, and conduct other essential parts of the required police procedure for handling domestic violence cases. While police are called to investigate in some domestic violence cases, a victim can still request a restraining order by visiting their local police department, Morris County Courthouse, or the municipal court in the municipality in which they reside, the abuser resides, or where the domestic violence occurred.
Contact a Morris County NJ Restraining Order Attorney to Discuss Your Case
If you are seeking assistance with a domestic violence restraining order case in Morris County, contact our firm today for the answers and zealous advocacy you need. With offices next to the Morris County Courthouse in Morristown, our attorneys appear in the Superior Court, Family Division on a regular basis defending clients facing restraining orders and assisting victims of domestic abuse with obtaining permanent orders of protection. When you need a legal counselor who will listen to your unique circumstances, address all of your questions and concerns, and leverage the power of the law to achieve justice on your behalf, we have the tools and dedication to assist you. Call (908)-336-5008 for a free consultation to discuss your case and learn more.