Restraining Order Help Ocean County NJ
Final Restraining Order Attorneys in Toms River, New Jersey
Being either the victim of domestic violence who needs a restraining order in Ocean County or the accused perpetrator of domestic violence is a stressful situation. The experienced restraining order lawyers 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. 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 managed 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 restraining order lawyers at the Tormey Law Firm are here to help you with your domestic violence case in Ocean County including in Toms River, Brick, Lakewood, Barnegat, Point Pleasant, and Jackson. Contact our offices 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.
OCEAN COUNTY SUPERIOR COURT
Domestic violence cases and hearings for restraining orders in Ocean County will be heard at the Ocean County Superior Court. The Ocean County Superior Court is located at 118 Washington Street, Toms River, NJ 08754, is open from 8:30 a.m. to 4:30 p.m. and can be contacted at 732-929-2042. Click here for more information regarding the Ocean County Superior Court. For directions to the Ocean County Superior Court, click here.
Who handles a restraining order trial in Ocean County?
The answer is a family court judge. All restraining order hearings or trials are conducted before a Superior Court Judge sitting in the Family Division. These are civil cases in New Jersey, not criminal, so there is a civil standard of proof which is known as a preponderance of evidence. This means the plaintiff must prove each element by a 51% standard or “more likely than not”. These elements include the following:
- A predicate act of domestic violence occurred – Only one act of violence is required so if the Plaintiff alleges assault, harassment, and terroristic threats and the Judge finds only harassment, this is sufficient to obtain a final restraining order (FRO).
- A prior history of domestic violence – The Plaintiff must also show a prior history of violence between the parties. However, in rare cases, where the predicate act of violence is extremely egregious such as a violent assault resulting in broken bones or a stabbing, then a prior history of violence is not required to obtain a final restraining order (FRO).
- Reasonable fear for safety and needs the protection of a restraining order – The third and final element the Plaintiff must prove by a preponderance of evidence is that they are reasonable to be in fear for their safety and they need the protection that a restraining order provides.
The Plaintiff will prove these elements through their testimony in court as well as admitting evidence such as the following:
- Text messages
- Police reports
- Hospital records
- Social media posts
- Witness testimony
If the Judge finds that all of the elements have been met, a final restraining order will be issued. The defendant will be fingerprinted and placed into a statewide database for domestic violence offenders. They will be prohibited from owning or possessing firearms or having any contact whatsoever with the plaintiff. If they violate this order, they will be arrested and charged with contempt of court and will face a mandatory jail sentence if they are convicted of 2 violations of the restraining order. On the other hand, if the Judge does not find sufficient evidence, the restraining order will be dismissed and all the restrictions associated with the temporary restraining order (TRO) will be removed.
OCEAN COUNTY DOMESTIC VIOLENCE UNIT
Restraining order cases in Ocean County Superior Court will be heard by a Judge who sits in the Family Part of the Chancery Division of the Ocean County Superior Court. The Presiding Judge of the Ocean County Family Part is the Honorable Madelin F. Einbinder, P.J.Fp. whose chambers can be contacted at 732-288-7727. The Ocean County Family Part also has a Domestic Violence Unit with court staff dedicated to domestic violence and restraining order cases. The Domestic Violence Manager is Brian Giustozzi, who can be contacted at 732-929-4705. Click here for more information on the Ocean County Family Court Domestic Violence Unit.
OCEAN COUNTY PROSECUTOR’S OFFICE DOMESTIC VIOLENCE UNIT
The Ocean 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 Ocean County. The Ocean County Prosecutor’s Office is located at 119 Hooper Ave, Toms River, NJ 08754, and can be contacted at 732-929-2027. For more information on the Ocean County Prosecutor’s Office Domestic Violence Unit, click here.
DOMESTIC VIOLENCE RESOURCES AND SERVICES IN OCEAN COUNTY
If you’re the victim of domestic violence in Ocean 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 Ocean County.
Catholic Charities provides domestic violence services through the Providence House in Ocean County, 88 Schoolhouse Road, Suite 1, Whiting, NJ 08759, 1-800-246-8910. Providence House has a 24/7 Ocean County domestic violence hotline at 732-244-8259. Providence House also provides emergency housing, counseling, and advocacy services for victims of domestic violence. To learn more about the Catholic Charities Providence House domestic violence services in Ocean County, click here. Additional domestic violence services including 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 Ocean County.
In addition to the locally available domestic violence services in Ocean 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 OCEAN COUNTY
Victims of domestic violence in Ocean County may be able to obtain assistance with legal issues related to restraining orders by contacting the Ocean County Office of South Jersey Legal Services: 215 Main Street, Toms River, NJ 08753, phone: (732) 608-7794
HOW DO I FILE A RESTRAINING ORDER IN OCEAN COUNTY NJ?
If you are the victim of domestic violence in Ocean County, you can request a temporary restraining order at the at the Domestic Violence Unit Office located at Room 175, 1st floor, Ocean County Justice Complex, 120 Hooper Ave. Toms River, N.J. 08753. phone: 732-929-2019. The Domestic Violence Unit Office 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 Ocean County.
How to Remove an Old Restraining Order Issued in Ocean County Court
If you are interested in potentially removing an old restraining order issued against you in Ocean County NJ Court, contact our offices anytime for a free consultation. Restraining orders in NJ are permanent and never expire. However, you may be able to file a Carfagno motion to try to have the restraining order removed based on a significant change in circumstances since the original final restraining order was issued. The Judge will consider how much time has passed, if there were any violations of the order, if the parties have any ties (such as children in common), where the parties reside, and if the plaintiff objects to the removal of the restraining order. The plaintiff must be served with a copy of the motion papers so they have an opportunity to be heard in court and object if they wish.
How to Appeal a Restraining Order Issued Against me in Ocean County NJ
If a final restraining order (FRO) was recently issued against you in Ocean County NJ, you have the right to appeal. The appeal must be filed to the Appellate Division in Trenton and must be filed within 45 days of the Judge’s decision issuing the final restraining order. If you need assistance filing an appeal, contact us now for a free consultation.