Prior History of Domestic Violence in Restraining Order Cases

Restraining Order Lawyers in Newark, NJ

One of the elements a plaintiff must show in order to obtain a temporary or final restraining order in New Jersey, is that there is a prior history of abuse and domestic violence between the parties. However, if the alleged predicate act of domestic violence is extremely egregious such as broken bones or stabbing or sexual assault, then no prior history is necessary in order to obtain a permanent restraining order.

If you or a loved one needs assistance with a restraining order in NJ, the Tormey Law Firm LLC can help. Our restraining order defense lawyers represent clients on a daily basis charged with restraining orders in almost every county in NJ. In fact, Mr. Tormey has been recognized as a legal resource with regards to domestic violence and has been cited in several NJ newspapers and appeared on CBS Radio regarding same. As a result, our lawyers are extremely knowledgeable and seasoned with regards to restraining order cases and are able to assist you immediately at (908)-336-5008. The initial consultation is always provided free of charge.

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

Highly recommend

5.0 stars

Posted by Tan

“Mr. Travis Tormey is a highly rated lawyer. He has decades of experience in criminal laws, and has deep passion and strong commitment to solve problems for his clients. I highly recommend him and his firm!”

To hear more about what our clients have to say about us, please see our client reviews page.

Element #2 to Obtain Restraining Order in NJ: Prior History of Domestic Violence

One of the main elements in order to obtain a final restraining order (FRO) in New Jersey, is showing a prior history of domestic violence. This is typically the second of the three elements required. The first is a predicate act of domestic violence, (i.e. harassment, stalking, assault, terroristic threats, etc.). The predicate act is essentially the main incident that gave rise to the restraining order. The second element is a showing of a past history of domestic violence as well. Now, if the predicate act is so egregious and serious it can sometimes alleviate the need to show a prior history of domestic violence. However, in most cases a prior history of domestic violence is necessary to obtain a permanent restraining order. If the plaintiff is successful in showing a predicate act and a prior history of domestic violence, the third and final element is a need for the restraining order to protect the victim from further acts of domestic violence.

Some evidence that many be entered to show a prior history of domestic violence can include:

• Police reports
• Hospital records
• Pictures
• Emails
• Text Messages
• Voicemails
• Eyewitness testimony

This evidence will be entered by the plaintiff during their case in chief. The Judge will then determine if they have met their burden of proof which is “by a preponderance of the evidence” in a civil case.

Frequently Asked Questions (FAQ) Regarding Prior History of Domestic Violence in NJ Restraining Order Trials

FAQ: How does a Plaintiff show a prior history of domestic violence at a NJ restraining order hearing?

They testify and admit any supporting evidence they have to prove that not only was there a recent domestic violence incident (predicate act) but there is also a history of domestic violence committed by the defendant. If they don’t have any proof that there is a prior history they still can testify to the alleged abuse and the Judge will make a credibility finding about whether or not they believe the Plaintiff and these allegations.

FAQ: Can the prior history of DV be a long time ago?

Yes, a prior history of domestic violence can be any prior incidents that allegedly occurred between the parties. So, if the parties have been married for 20 years and some of the prior history of DV is from 10 years ago and 15 years ago, this could potentially be sufficient to establish a prior history of domestic violence.

FAQ: If a Plaintiff establishes a prior history of domestic violence, do they win the case?

No, not necessarily. This is only one of the elements a Plaintiff needs to prove in order to get a final restraining order. They must also show a predicate act of domestic violence and that they are in fear for their safety and need the protection that a restraining order provides.

Need Help with a NJ Restraining Order Case? Contact Us Now

For additional information regarding restraining orders in NJ, contact the Tormey Law Firm at (908)-336-5008 for a free initial consultation. Our restraining order defense lawyers are available immediately to assist you.