Restraining Order Lawyers in Sussex County
Domestic Violence Restraining Orders in Newton, New Jersey
The Tormey Law Firm domestic violence attorneys know what it takes to fight against or get a restraining order in Sussex County. In fact, the restraining order lawyers at the Tormey Law Firm have battled restraining order cases at both the plaintiff’s and defendant’s counsel tables and we know how to prepare for either situation.
Regardless of whether you are alleged to have perpetrated a predicate act of domestic violence or 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. The restraining order lawyers at the Tormey Law Firm are here to help you with your domestic violence case and restraining order issues in Sussex County including in Newton, Sparta, Vernon, Hopatcong, and Byram.
Here is a review from one of the many satisfied restraining order clients of the Tormey Law Firm:
“The Best Attorney” 5.0 stars – Posted 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.”
SUSSEX COUNTY SUPERIOR COURT
Domestic violence cases and hearings for restraining orders in Sussex County are heard at the Sussex County Superior Courthouse located at the Sussex County Judicial Center, 43-47 High Street, Newton, NJ 07860. The Courthouse is open from 8:30 a.m. to 4:30 p.m., Monday through Friday and can be contacted at (973) 579-0675. Click here for more information regarding the Sussex County Superior Court. For directions to the Sussex County Superior Court, click here.
SUSSEX COUNTY FAMILY COURT – DOMESTIC VIOLENCE UNIT
Any restraining order cases in Sussex County Superior Court will be handled by a Judge who sits in the Family Part of the Chancery Division of the Sussex County Superior Court. The Presiding Judge of the Morris and Sussex County Family Part is the Honorable Maritza Berdote Byrne, P.J.F.P. whose chambers can be contacted at 973-656-3944 The Sussex County Family Part also has a Domestic Violence Unit with court staff dedicated to domestic violence and restraining order cases. The Domestic Violence Team can be contacted at (973) 579-0697. Click here for more information on the Sussex County Family Court, click here.
SUSSEX COUNTY PROSECUTOR’S OFFICE DOMESTIC VIOLENCE UNIT
The Sussex 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 Sussex County. The Sussex County Prosecutor’s Office Domestic Violence Unit is located at 19-21 High Street Newton, NJ 07860 and can be contacted at 973 383-1570. For more information on the Sussex County Prosecutor’s Office Domestic Violence Unit, click here.
DOMESTIC VIOLENCE RESOURCES AND SERVICES IN SUSSEX COUNTY
If you’re the victim of domestic violence in Sussex 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 or referrals to other 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 Sussex County.
The Domestic Abuse and Sexual Assault Interventions Services (DASI) provides emergency shelter and transitional housing to victims of domestic violence in Sussex County. DASI also provides legal advocacy services and group and individual counseling to victims of domestic violence. DASI is located in 105 Main St., Newton, NJ, 07860 and can be contacted at 973-579-2386. DASI also has a 24/7 hotline at 973-875-1211. Click here for more information on DASI.
DASI also provides batterer intervention services in Sussex County through the DECIDE program for perpetrators of domestic violence who are seeking counseling. For more information on batterers intervention and the DECICE program, click here. For more resources and services related to domestic violence including anger management, counseling, and family services in Sussex County, click here.
In addition to the locally available domestic violence services in Sussex County, there are also statewide and national services available. 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 SUSSEX COUNTY
Victims of domestic violence in Sussex County who need assistance with legal advocacy can contact the following organizations: The Sussex County Office of the Legal Services of Northwest Jersey, 18 Church Street, Newton, NJ 07860, Phone: (973) 383-7400 and the New Jersey Crime Victim’s Law Center,
61 Spring Street, 4th Floor, Newton, NJ 07860, Phone: (973) 729-9342.
How do I file a restraining order Sussex County NJ
If you are the victim of domestic violence in Sussex County, you can request a temporary restraining order at the Sussex County Superior Court Domestic Violence Office located 43-47 High Street, Newton, NJ 07860. The Domestic Violence Intake Office takes complaints related to restraining orders from 8:30 a.m. to 3:30 p.m. 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 defendant resides, or where the domestic violence occurred. To find the contact information for the police department in your municipality in Sussex County, click here.
How to Appeal a Final Restraining Order Issued in Sussex County Court
If you a final restraining order was recently issued against you in Sussex County Court, you have the right to appeal. Your appeal must be filed in writing to the Appellate Division in Trenton NJ within 45 days of the issuance of the final restraining order. The appeal must detail the errors made by the Superior Court Judge with regards to the facts and/or the law. In addition, you must order the transcript of your trial so that the transcript can be reviewed by the Appellate judges.
How to Remove an Old Restraining Order Issued in Sussex County NJ Family Court
If you had a restraining order issued against you years ago in the Sussex County Court, these restraining orders are permanent in New Jersey and never expire. However, you may be able to file a motion to have it removed. This motion must be filed in the Sussex County Court and a copy of the motion papers must be served on the Plaintiff. The motion must detail why there has been a significant change in circumstances since the issuance of the original order such that the restraining order is no longer necessary and should be lifted and dismissed. Some of the factors the Judge will consider include the following:
- How much time has passed since the issuance of the original order
- Any violations of the order
- Do the parties reside anywhere near each other
- Do the parties have any remaining ties (like children in common)
- Any other domestic violence restraining orders against the defendant
- Has the defendant undergone any counseling
- Does the plaintiff object to the removal of the order
Once the motion is filed, it will be listed for a hearing in court. The Plaintiff will have an opportunity to object in writing and on the record at the hearing. If the Judge denies the motion, the restraining order remains in place. If the Judge grants the motion, the restraining order is vacated and dismissed.