Temporary Restraining Orders in New Jersey
Handling domestic violence hearings with offices in Hackensack, NJ
If you have been served with or filed a TRO, you need immediate assistance navigating the legal process. Although a civil matter in New Jersey and not criminal, if a final restraining order is issued in NJ it is permanent and never expires. A defendant must be fingerprinted and placed in a state-wide database for domestic violence offenders. Thus, if you are facing a temporary restraining order that could become final, you must protect yourself and hire an experienced lawyer to fight your case in court.
The restraining order attorneys at the Tormey Law Firm LLC can help. Our lawyers have successfully litigated hundreds of restraining order cases in every county in NJ. In fact, our managing partner, Travis J. Tormey, has been cited as a legal resource on domestic violence by CBS radio, the Star Ledger, and the Daily Record. If you or a loved one needs legal assistance with a restraining order, contact our offices anytime for a free initial consultation at (908)-336-5008. We represent clients throughout NJ including in Mahwah, East Rutherford, Garfield, Rochelle Park, and Bogota.
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
Can I file a Temporary Restraining Order (TRO)?
The first question we typically hear is: Can I obtain a temporary restraining order? Here is some basic information about filing a restraining order in NJ.
To be a protected party in NJ, you must be covered by the Domestic Violence Act. This covers the following individuals:
- The parties were in a dating relationship, married, divorced, etc.
- The parties have children in common.
- The parties resided together at some point.
If any of these apply to you, then you are subject to the Domestic Violence Act and you have standing to apply for a Temporary Restraining Order (TRO). In order to do so, you must be able to prove than an act of domestic violence occurred: i.e. harassment, stalking, assault, terroristic threats, etc. If a Superior Court Judge finds enough proof that a predicate act of domestic violence occurred, then a TRO will be issued. The TRO can be issued in either the county in which the parties reside or the county in which the incident took place.
The TRO will prevent any contact between the defendant and the plaintiff. It will also list protected parties such as children, relatives, etc. and protected places such as homes, schools, relatives’ homes, etc. Finally, it will address any custody/visitation issues if the parties have minor children together. This custody/visitation will remain in effect until the Final Restraining Order (FRO) hearing.
If you or a loved one is in need of a restraining order, here are some helpful links and resources to assist you. You can also contact your local police department.
What if I am not a protected party under the Domestic Violence Act?
You can not obtain a restraining order. However, you can file criminal charges for any acts of domestic violence and obtain a “no contact order” through the criminal court system.
A Restraining Order has been filed against me. Now what do I do?
Get a lawyer. The collateral consequences of a Final Restraining Order (FRO) being issued against you can be severe. Also, here are some other pages on our site that can provide valuable information regarding your restraining order process:
- Frequently Asked Questions (FAQ) in Restraining Order cases
- Final Restraining Order Hearings: Explaining the process
- Defending against false allegations
- Roadmap for restraining orders
- Service of Temporary Restraining Orders
Bergen County Restraining Order Defense Lawyers
You need an experienced restraining order defense attorney to help you navigate this complicated legal process and combat these serious allegations. Contact the Tormey Law Firm LLC anytime for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.