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Can I get a Restraining Order Against my Neighbor in NJ?

With offices in Hackensack, New Jersey

Can I get a restraining order against my neighbor?

Restraining order against my neighbor in NJ

Many times clients contact our offices about whether or not they can file a restraining order against their neighbor who they believe is harassing them, etc. In most cases, you can’t but it depends on your prior relationship with that neighbor which will determine whether or not you have standing to obtain a temporary restraining order (TRO) under the domestic violence act. However, you may be able to file for a temporary protective order for stalking or cyber-harassment (depending on the facts of your case) as well as criminal charges.

If you or a loved one has a restraining order case in New Jersey and are in need of legal assistance, the Tormey Law Firm LLC can help. Our experienced restraining order attorneys have handled these types of cases in practically every county in the State of NJ and will provide you the best defense based on the facts of your case. As a result, our lawyers are ready and able to assist you with your restraining order case immediately. Contact our offices anytime for a free initial consultation at (908)-336-5008.

Travis J. Tormey has been cited in numerous publications including the Star Ledger, Daily Record, Bergen Record, Asbury Park Press and AOL News. He has also appeared as a legal expert on CBS radio with regards to domestic violence in New Jersey. Mr. Tormey has received numerous awards from the American Trial Lawyers Association and the National Association of Criminal Defense Attorneys. He also received the clients choice awards from in ’13, ’14’, ’15, and ’16 and is a 10.0 rating. Our NJ restraining order lawyers handle matters throughout the State including in Lodi, Lyndhurst, Saddle Brook, Mahwah, Garfield, and Teaneck. Contact our offices now for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.

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.

NJ Restraining Order Against Neighbor?

Many potential clients contact our offices inquiring about their ability to file a restraining order against their neighbor. Unfortunately, that is not usually an option. To have standing to file a domestic violence restraining order in New Jersey, you must be a victim of domestic violence under the prevention of domestic violence act. Basically, one of the following scenarios must apply to you in order to be eligible to file for a restraining order:

  • You and the defendant were involved in a dating relationship at some point
  • You and the defendant resided together at some point
  • You and the defendant have a child in common

Thus, unless you were romantically involved with your next door neighbor at some point, you will not be permitted to file a restraining order against them. If you are roommates and live in the same apartment or even the same apartment building, then you may have standing to file for a restraining order.

Criminal Charges or a Temporary Protective Order

However, you may be able to file criminal charges against your next door neighbor if appropriate. If the charges are filed, you can ask the judge for a “no-contact-order” as a condition of the defendant’s bail. This means that the defendant will not be able to contact you while the charges are pending. Then, if they are convicted and found guilty of the charges, you can ask the judge for a “no-contact-order” as part of the defendant’s sentence. This is different from a restraining order but will have a similar effect.

Some of the criminal charges that could be appropriate to file against your neighbor depending on the facts include:

In addition, as of July 2023, you may be able to file for a temporary protective order if you can establish lewdness, stalking, cyber-harassment, nonconsensual sexual contact, or sexual penetration.

Criminal Charges v. Restraining Order/Protective Order

Remember, criminal charges and restraining orders/protective orders are handled in different courts by different Judges with different standards of proof. A criminal case will be handled in the Superior Court for indictable (felony) charges or Municipal Court for disorderly persons (misdemeanor) charges and the case must be proven beyond a reasonable doubt. Restraining orders and protective orders are civil in nature so they will be handled in the Superior Court, Family Division, by a Family Court Judge. These cases must be established by a preponderance of the evidence which is a 51% standard of proof (more likely than not).

I want a Protection Order Against my Neighbor – What can I do?

It is important that you consult with an experienced criminal attorney when determining which charges to file (if any) and which type of restraining order or protective order you should file. Contact the Tormey Law Firm for immediate assistance at (908)-336-5008.

Visit Our Offices

With offices in Hackensack, Morristown, Newark, Middletown, and New Brunswick, our lawyers can represent you anywhere in New Jersey and are available immediately to assist you at (908)-336-5008

Hackensack / Bergen County

254 State Street
Hackensack, NJ 07601

  • 201-556-1570
  • 201-556-1572
Hackensack Office

Morristown / Morris County

60 Washington St Suite 200A,
Morristown, NJ 07960

  • 908-336-5008
  • 201-556-1572
Morristown Office

Newark / Essex County

1 Gateway Center Suite 2600
Newark, NJ 07102

  • 201-654-3464
  • 201-556-1572
Newark Office

for a free initial consultation Contact the Tormey Law Firm

Travis J. Tormey is a distinguished member of the legal community and a respected legal resource on domestic violence. He has been featured in a variety of prominent publications and media outlets, including CBS radio, Aol News, the Asbury Park Press,, and the Daily Record. Mr. Tormey has also been recognized as one of the the top criminal attorneys under 40 years of age by the National Trial Lawyers Association and the National Academy of Criminal Defense Attorneys. Whether representing victims or the wrongly accused, Travis remains passionately committed to protecting the rights of the innocent.

Areas we serve

The Tormey Law Firm LLC handles restraining order cases in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Union County (Elizabeth), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Sussex County (Newton), Essex County (Newark), Hunterdon County (Flemington), Mercer County (Trenton), Monmouth County (Freehold), Warren County (Belvidere), Ocean County (Toms River), Burlington County (Mount Holly), and throughout NJ.

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