Standard of Proof in Restraining Order Cases

Restraining Order Lawyers with offices in Morristown, New Jersey

What do I need to prove NJ restraining order trial?

What is the standard of proof in a restraining order case in New Jersey? Because it is a civil matter and not criminal, there is a civil standard of proof which is known as “preponderance of the evidence”. This is a “more likely than not standard,” basically 51% of the evidence.

If you or a loved one is facing a temporary restraining order (TRO) and is scheduled for a final restraining order (FRO) hearing in New Jersey, the restraining order defense lawyers at the Tormey Law Firm LLC can help. Our experienced criminal defense attorneys have literally handled hundreds of restraining orders in every county in NJ with tremendous results. We know the process, the judges, and how to fight to have your restraining order dismissed. Contact our experienced attorneys anytime for a comprehensive evaluation of your case. The initial consultation is always provided free of charge at (908)-336-5008. We represent clients throughout NJ including in Montclair, Bloomfield, West Orange, Cedar Grove, and Verona.

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

“Great law firm. I emailed them on a Saturday night and Travis got back to me Sunday morning. He explained everything and put my mind at ease. One of his Associates Tom Ercolano was my lawyer. He did a great job and got a settlement with the other party” – Rose

Standard of Proof in Restraining Order Cases NJ: Preponderance of Evidence

Restraining order cases in NJ can sometimes be confusing because they are often accompanied by criminal charges. However, a restraining order case in New Jersey is a civil matter. These matters are handled in the Family Division of the Superior Court in the county in which the case was filed. A restraining order case will be heard by a Superior Court Judge, not a jury and the case is decided by a “preponderance of evidence” civil standard. This means “more likely than not” or a 51% burden of proof on the plaintiff. In a criminal case, on the other hand, the burden of proof is “beyond a reasonable doubt”.

However, if a final restraining order (FRO) is entered against you, it can effect your job and potentially show up on background checks, even though it’s a “civil” matter. This is based on the mandatory fingerprinting that occurs if a final restraining order (FRO) is granted against you. As a result, it is imperative that you avoid a FRO being granted in your case at all costs.

Contact Morris County Restraining Order Lawyers at the Tormey Law Firm LLC for Help

For immediate assistance regarding a restraining order case in NJ, contact our offices at (908)-336-5008 for help. The initial consultation is always provided at no cost to you.