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What does predicate act of domestic violence mean in NJ?

With offices in Morristown, NJ

Predicate Acts of Domestic Violence in NJ Lawyers Help

Predicate Acts of Domestic Violence in NJ

A predicate act of domestic violence means an act of domestic violence that just happened which gives rise to the need for a restraining order. There are a number of potential predicate acts of domestic violence that a plaintiff can allege when attempting to obtain a temporary restraining order (TRO) such as assault, terroristic threats, stalking, criminal mischief, burglary, and criminal trespass.

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 including in Elizabeth, Somerville, New Brunswick, and Freehold. 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, ’16, and ’17 and is a 10.0 rating.

Here is a review from one of our many satisfied restraining order clients:

“Case dismissed with Data Driven Facts”

5.0 stars
Posted by Shoubhik

“Travis dealt my case with passion, professionalism and punctuality. The flat fee was very reasonable for the amount of effort that had to be put in the case (4 hearings). Travis helped me arrange all the data I had gathered for my defense. His thoroughness with my case and his knowledge of the law were quite evident when he presented the closing summary in front of the judge. I would highly recommend him to prospective clients.”

Element #1 to Obtain Restraining Order in NJ: Predicate Acts of Domestic Violence

For a Judge to issue a final restraining order in NJ, the court must have jurisdiction to do so.  In addition, the court must find enough grounds that a predicate act of domestic violence has occurred. This is the first element necessary to obtain a permanent restraining order. The second element is a prior history of domestic violence. The third and final element is the necessity of a restraining order to protect the safety and well being of the victim. All three of these elements must be proven by a preponderance of the evidence in order for a plaintiff to obtain a final restraining order in NJ.

The predicate acts of domestic violence in New Jersey include the following:

A plaintiff can allege one or multiple acts of domestic violence in the Temporary Restraining Order (TRO). However, only one (1) must be proven in order to get a final restraining order.

Note: It is important to remember that these are not criminal charges. This is a civil order handled in Family Court. As a result, the burden of proof is “by a preponderance of evidence” as opposed to “beyond a reasonable doubt” which is used in criminal cases.

Note: Criminal charges can also be filed in addition to the restraining order. Criminal charges are a completely separate issue which would be handled in a different court. A restraining order can be filed without issuing any criminal charges.

How do I prove a predicate act of violence?

There are a number of ways for a plaintiff to prove that a predicate act of domestic violence has occurred. The most common way is through the Plaintiff’s testimony at trial. The plaintiff can testify as to what happened and admit any evidence they have including the following:

  • pictures of injuries
  • video of the incident
  • emails, text messages, voicemails
  • any witnesses who saw the incident happen can testify
  • police reports
  • hospital records

The Judge will consider all of this evidence and the credibility of the Plaintiff when determining if an act of domestic violence occurred. Of course, the defendant will have an opportunity to cross examine the plaintiff and their evidence and give their own version of events. However, a defendant does not have to testify at trial, it is the Plaintiff’s burden to prove the case. If a defendant chooses not to testify at trial, this will not be held against them by the court.

Tormey Law Firm LLC: Morristown Restraining Order Lawyers

For additional information regarding restraining orders in NJ, browse this website. Also, contact our restraining order defense lawyers anytime for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.

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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