If you or a loved one are involved in a restraining order hearing and need legal assistance, you’ve come to the right place. The NJ restraining order lawyers at the Tormey Law Firm LLC have literally resolved hundreds of restraining order cases in every county in New Jersey. This experience and expertise allows our lawyers to understand the complicated legal process concerning restraining orders and achieve the best possible outcomes for our clients.
If you are a plaintiff in a restraining order hearing, we can help you.
If you are a defendant in a restraining order hearing, we can help you.
Here is some basic information regarding restraining orders that can assist you in understanding the restraining order process in New Jersey. For additional information, please contact one of our experienced restraining order attorneys anytime for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.
A temporary restraining order (TRO) can be issued by a Superior Court Judge in NJ when he or she believes a predicate act of domestic violence has occurred against a protected party. The final hearing is typically scheduled within 10 days of the issuance of the TRO.
A restraining order is a civil proceeding in New Jersey, it is not criminal.
However, if a Final Restraining Order (FRO) is placed on you, this can have serious collateral consequences including the following:
You will be fingerprinted and placed in a database for domestic violence offenders.
You can not own firearms and must forfeit any firearms you have previously owned.
You may be stopped at airports, customs, etc. and law enforcement will check to ensure that you are not traveling with or near the alleged victim.
Your child custody and visitation (if any) can be affected.
You can be prevented from attending places where the alleged victim attends such as schools, churches, relatives homes, etc.
This is important information for both a plaintiff and a defendant to know. Sometimes plaintiffs decide that they do not want a Final Restraining Order (FRO) because of all the serious consequences that are placed on a defendant if issued. Conversely, and obviously, if a FRO is necessary to protect a plaintiff’s safety and well being then he or she should move forward and pursue a FRO in court. Further, in some cases an agreement can be reached called “civil restraints” which resolves the case outside of court without the need for a trial or hearing.
Restraining orders are handled in the Family Division of the Superior Court of the county in which the parties reside. In order for the court to have jurisdiction, the parties must have been in a dating relationship, had children together, or resided together at some point in their lives. The standard of proof, because it is a civil matter, is “by a preponderance of evidence” which is basically “more likely than not”. This is a lower standard than a criminal case which is “beyond a reasonable doubt”.
If a temporary restraining order (TRO) or final restraining order (FRO) is violated then a defendant will be arrested and charged criminally for contempt. On a second violation, the defendant must serve mandatory time in the County jail.
Restraining orders in New Jersey are permanent and never expire. However, you may be eligible to file an appeal if a final restraining order was issued against you. In addition, after some time passes, you can file a motion to vacate the final restraining order based on a change in circumstances such that the restraining order is no longer necessary.
Contact our Morristown office for a free initial consultation
The NJ restraining order attorneys at the Tormey Law Firm LLC have been representing clients at restraining order hearings for many years. For additional information regarding restraining orders in New Jersey, please continue to explore this website and watch Mr. Tormey’s videos. You also can speak to him directly for a free consultation anytime at (908)-336-5008. We look forward to hearing from you
I am Travis J. Tormey, Esq., the founding attorney of the Tormey Law Firm LLC with offices in Hackensack, Morristown, and Newark NJ. I left two of the largest criminal defense law firms in the state to establish my own practice, primarily to provide the type of hands-on legal counsel that is not always attainable at a larger firm, as it churns through a high volume of cases.
I was recently named one of the top ten criminal attorneys in the State of New Jersey by the American Jurist Institute. I have been recognized as one of the top 40 criminal defense attorneys in the country by the National Trial Lawyers association as well as the National Association of Criminal Defense Lawyers. I have been cited as a legal resource on domestic violence by the Daily Record, Star Ledger, Asbury Park Press, AOL News, and I have appeared as a guest on CBS Radio. I received the clients choice award for four straight years from AVVO.com (2013, 2014, 2015, 2016) and I have a perfect 10.0 rating.
Here is a review from one of the many satisfied restraining order clients of the Tormey Law Firm:
“My brother had actually consulted and hired Mr Travis Tormey in regards to a TRO against him. Things got a bit more complicated whereas I needed to contact the law office several times and spoke with Joanne, who was extremely helpful, patient and totally understanding. When I had to speak to Travis I would text him and he would communicate with me in a timely fashion considering he was busy in court or had to wait to hear from his partners, who were also involved in the case. Overall the professionalism and expertise in their field was exceptional. In court they defended my brother with such compassion and dedication to their client. At the conclusion, case was dismissed thanks to both Travis and Tom. They demonstrated their strong capabilities and passion that I feel merit them a five star review. I would definitely recommend this law firm to anyone in need of legal advice or defense.” – Maria
If you or a loved one is facing a permanent restraining order, we can help. My law firm focuses only on handling criminal and DWI cases in NJ including restraining orders. As a result, our lawyers have literally handled hundreds of restraining order cases in almost every county in NJ. Our results speak for themselves and our client reviews demonstrate the type of service we provide to individuals who trust us to protect their rights and their future.
My restraining order team is composed of several former domestic violence prosecutors who used to prosecute domestic violence offenses for the State of New Jersey. Now, they use their experience, knowledge, and expertise to both prosecute and defend against temporary and final restraining order matters in New Jersey. Our attorneys are literally handled restraining order trials every week in almost every county in the State of New Jersey.
My restraining order team includes the following experienced attorneys:
Travis J. Tormey
I am available immediately to assist you as (908)-336-5008. The initial consultation is always provided free of charge.