Restraining Order Assistance Somerset County NJ – Help
Final Restraining Order (FRO) Attorneys in Somerset County, New Jersey
Have you been issued a restraining order based on false allegations in Somerset County? We can help.
The Tormey Law Firm restraining order attorneys know what it takes to defend against or get a restraining order in Somerset County. In fact, the domestic violence lawyers at the Tormey Law Firm have handled restraining order cases at both the plaintiff’s and defendant’s counsel tables. No matter if you are alleged to have perpetrated a predicate act of domestic violence or if you are the victim of domestic violence, your restraining order case will be heard 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.
Regardless of your domestic violence situation in Somerset County, the experienced restraining order lawyers at the Tormey Law Firm are ready to help including in Hillsborough, Bridgewater, Bernards, Raritan, Watchung, and Branchburg. Contact our offices now for a free initial consultation at (908)-336-5008.
Here are some real restraining order cases we handled in Somerset County NJ which tremendous results:
- Somerset County Restraining Order Dismissed
- Bridgewater Restraining Order Dropped
- Restraining Order Case Settled with Civil Agreement in Somerset County
- Temporary Restraining Order Dropped After Civil Restraints Negotiated
Here is a review from one of the many satisfied restraining order clients of the Tormey Law Firm:
“The Best Attorney”5.0 starsPosted by anonymous“As most can attest, having to defend yourself in court is not always a pleasant experience and at best you’re hoping for a positive outcome. In the case of TRO defenses, positive outcomes can be put into three categories:
1) Good – Plaintiff dismisses TRO with conditions w/o trial
2) Better – Case dismissed after judge listens to both parties
3) Best – Case dismissed after Plaintiff’s testimony w/o Defense testimony
My personal experience was that Tom was able to get me the “BEST” possible outcome by having my case dismissed without Defense testimony. His knowledge of the law is impeccable and trust me on this one, being smart and knowing the law are two different things. Tom’s knowledge of the law is what ultimately got my case dismissed without me saying a word in court.”
Can I file a Restraining Order in Somerset County?
In order to file a restraining order in New Jersey, you must have standing under the Domestic Violence Act. This means that you can’t just file a restraining order against anyone like your neighbor or a friend who you don’t get along with anymore. You might be able to file criminal charges against them but not a restraining order. In order to file a domestic violence restraining order the parties must have been in a dating relationship, lived together, or have a child together.
If you have standing to file a restraining order then you can do so in the county in which you reside or in the county in which the alleged domestic violence occurred. A plaintiff must show that a predicate act of domestic violence occurred such as assault, terroristic threats, cyber harassment, or trespassing. They must also show a prior history of violence and that they need the restraining order for their protection.
If a temporary restraining order (TRO) is issued, the defendant must leave the residence (if they reside together) and be served with the paperwork which includes the final hearing date (usually within 10 days).
What happens once the Temporary Restraining Order (TRO) is issued and we go to court?
Once the TRO is issued, the parties will appear for a final hearing at the Somerset County Superior Court, Family Division, located in Somerville, New Jersey. During Covid, these proceedings were done virtually. Now, as of April 2022, there are some being done virtually and some in person. At the first court date, the Family court Judge will ask the Plaintiff how they want to proceed. They essentially have three (3) options:
- Dismiss the Temporary Restraining Order (TRO) – If the plaintiff has decided that they no longer want to proceed with the restraining order, they have the absolute right to do so. The plaintiff must speak to some domestic violence counselors (advocates) at the court who will confirm that they understand their rights and they are dismissing the restraining order freely and voluntarily (no one is forcing or coercing them to drop it). They will then sign off on some paperwork acknowledging this and then they will place the dismissal on the record with the Judge in court. Once this is done, the Judge will dismiss the TRO and provide the parties with an Order of Dismissal. All of the restrictions and restraints associated with a temporary restraining order are then removed from the defendant.
- Postpone the case – The Plaintiff may wish to postpone the case for a number of reasons. One reason is for time to get an attorney. A second reason is because they need time to gather their evidence and prepare for trial. A third reason is that they are interested in potentially settling the case and coming to a settlement agreement with the Defendant known as civil restraints. If any of these reasons apply, the Judge will usually allow one postponement by either party for time to prepare their case properly.
- Proceed to Trial – If the Plaintiff is ready and wants to proceed to try to get a final restraining order (FRO), then the case will proceed to trial. This trial is almost never held on the first court date because the Court has many older restraining order trials that must be done first.
If the restraining order is dismissed, there is no record and the parties can go back to their lives. If the final restraining order is issued, the defendant is fingerprinted and placed into a domestic violence database. They can’t have any contact with the plaintiff or they will be arrested and charged with contempt of court which includes fines, probation, jail time, and a permanent criminal record.
How to Appeal a Restraining Order Issued in Somerset County NJ
If a final restraining order (FRO) was issued against you in the Somerset County Superior Court and you want to challenge the judge’s decision, 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 Issued Years Ago in Somerset County Court NJ
If you have an old restraining order issued against you from Somerset 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. The motion must be filed in the Somerset County Family Division in Somerville NJ and the plaintiff must be served with a copy of the motion so that they have an opportunity to object if they wish. Then, a hearing will be scheduled in court for the Judge to decide on the motion.
SOMERSET COUNTY SUPERIOR COURT
Domestic violence cases and hearings for restraining orders in Somerset County will be heard at the Somerset County Superior Courthouse, which is located at 20 North Bridge Street Somerville, NJ 08876-1262, is open from 8:30 a.m. to 4:30 p.m. and can be contacted at 908-231-7191. Click here for more information regarding the Somerset County Superior Court. For directions to the Somerset County Superior Court, click here.
DOMESTIC VIOLENCE UNIT
Domestic violence and restraining order cases in Somerset County will be handled by a Judge who sits in the Family Part of the Chancery Division of the Somerset County Superior Court, which is part of the Hunterdon/Somerset/Warren Court Vicinage. The Presiding Family Judge of the Hunterdon/Somerset/Warren Vicinage is the Honorable Hany A. Mawla, P.J.Fp., whose chambers are located in the Somerset County Courthouse and can be contacted at 908-231-7647. The Somerset County Family Part also has a Domestic Violence staff in the Family Case Management Office that can be contacted at 908-231-7600. Click here for more information on the Somerset County Family Division.
SOMERSET COUNTY PROSECUTOR’S OFFICE DOMESTIC VIOLENCE UNIT
The Somerset 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 Somerset County. The Somerset County Prosecutor’s Office is located at 40 N Bridge St, Somerville, NJ 08876 and can be contacted at 908-575-3300. For more information on the Somerset County Prosecutor’s Office Litigation Bureau, Domestic Violence Unit, click here.
DOMESTIC VIOLENCE RESOURCES AND SERVICES IN SOMERSET COUNTY
If you’re the victim of domestic violence in Somerset 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 Somerset County.
Safe and Sound provides emergency shelter, transitional housing, crisis intervention, and ongoing counseling services to victims of domestic violence in Somerset County. Safe and Sound is located at 427 Homestead Road, Hillsborough, NJ 08844 and can be contacted at 908-359-0003. Safe and Sound also has a 24/7 domestic violence hotline at 866-685-1122. To learn more about Safe and Sound, click here: https://www.safe-sound.org/. Additional domestic violence services such as batterer’s intervention, 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 Somerset County.
In addition to the locally available domestic violence services in Somerset 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 SOMERSET COUNTY
Victims of domestic violence in Somerset County may be able to obtain assistance with legal issues related to restraining orders by contacting the Somerset Office of North West Jersey Legal Services at 34 West Main Street, Suite 301, Somerville, NJ 08876, phone: (908) 231-0840
Help to File a Restraining Order Somerville NJ
If you are the victim of domestic violence in Somerset County, you can request a temporary restraining order at the Family Case Management Office located on the second floor of the Somerset County Courthouse, which 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 Somerset County.