What Kind of Lawyer Should I Hire for a Restraining Order in New Jersey?
If you are involved in a restraining order matter in New Jersey, finding the right attorney is an extremely important step toward protecting yourself. Whether you are the plaintiff (also known as the victim) or the defendant (you are accused of domestic violence), you may be wondering what type of attorney would be best to handle your case. There are several different types of attorneys who represent restraining order clients in New Jersey, including family law attorneys and criminal defense attorneys. Let’s take a comprehensive look at the options and discuss how to find the best attorney for your restraining order case in New Jersey. You can also get a free consultation with a highly knowledgeable NJ restraining order attorney by calling The Tormey Law Firm anytime at (908)-336-5008.
Family Law Attorney or Criminal Defense Attorney for Restraining Order in NJ?
Restraining Order hearings are held in the Superior Court, Family Division in the county where the temporary order (TRO) was issued. So technically, you could think of a restraining order as a family law matter. It makes sense, considering the Prevention of Domestic Violence Act protects victims in close, interpersonal relationships. To be considered a victim of domestic violence in New Jersey, you must be currently or formerly dating, living together, married, or having a child. A family law attorney is more likely to appear in Family Court on a regular basis and thus, may be more prepared to handle your case.
Due to the relationship dynamics involved in restraining order cases, they often overlap with other family law issues such as divorce, child custody, child support, and division of assets (particularly shared residences). If you have a family lawyer, he or she may be familiar with your case and able to handle the multitude of issues that go alongside the restraining order.
On the other hand, restraining order cases equally overlap with criminal law matters. In fact, the defendant in a restraining order case must be accused of a predicate act of domestic violence in order for a temporary restraining order to be issued. These predicate acts of domestic violence are all codified in the New Jersey criminal code – the Court uses the criminal law statutes to determine if an act of domestic violence has been committed. Similarly, a Judge must find that there is a preponderance of evidence that the defendant committed an act of domestic violence in order to issue a final restraining order.
In many cases, a person facing a restraining order has also been charged with a criminal offense such as harassment, assault, stalking, or terroristic threats. Since criminal defense lawyers handle criminal matters and restraining order matters, they are able to handle both types of cases even though these matters are decided in different legal venues. Criminal defense attorneys also understand how to prove domestic violence allegations on behalf of victims because of their extensive insight into the elements of these crimes.
How do I find the best lawyer for my restraining order case?
Overall, there is a strong argument to be made for both family law and criminal defense attorneys handling restraining orders in New Jersey. So, how do you decide? To find the best lawyer for your restraining order in New Jersey, go beyond the classification alone. Prioritize experience above all else and you can avoid assumptions. How many cases has the firm handled? Hundreds? Thousands? Practice makes perfect, as the saying goes, and an attorney who has numerous restraining order hearings and negotiations under their belt is more likely to know how best to represent you.
Finally, attorneys use different retainer styles when handling these cases. Some attorneys will bill you by the hour, which can get very expensive if the case drags on to trial and multiple trial days. Other attorneys will handle the case for a flat fee – meaning they will handle the entire matter for an agreed upon rate before the case starts. It is imperative that you understand these billing structures before making your determination on which attorney to hire to handle your matter.
At The Tormey Law Firm, our team of New Jersey domestic violence lawyers has handled thousands of restraining orders in essentially every county in the state. We represent plaintiffs and defendants in restraining order matters on a weekly basis, including in Jersey City, Hackensack, Morristown, Newark, Paterson, Freehold, Camden, Somerville, and New Brunswick. A large portion of our practice is dedicated specifically to domestic violence, which is why we have earned a reputation for superior representation. We prefer to let our reviews speak for themselves. You can read some by clicking here.
