Morristown Restraining Order Lawyers

Attorneys for Domestic Violence in Morris County, New Jersey

Morris County Restraining Order Help

New Jersey lawmakers recognize that domestic abuse is a significant issue affecting thousands of people from all walks of life every year. With the New Jersey Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17), the State seeks to protect victims of domestic violence from further abuse by providing protective orders known as restraining orders. In New Jersey, a person can file for a temporary restraining order if he or she has been the victim of harassment, assault, stalking, terroristic threats, or another offense considered a “predicate act of domestic violence.” If police are called to the scene of an alleged domestic violence incident, they can also choose to file a restraining order, despite the objections of the alleged victim. Once a temporary restraining order is in place, both parties have just a few days to prepare their case for a final restraining order hearing, which can spell long-term implications for your life, regardless of which side you are on. As such, it is absolutely vital that you speak with an experienced New Jersey restraining order lawyer as soon as possible.

If you or a loved one is involved in a restraining order and/or criminal case arising from domestic violence in Morris County, the skilled domestic violence attorneys at The Tormey Law Firm are here for you. With thousands of cases successfully handled, Travis Tormey has assembled a team of highly talented attorneys who utilize all of their knowledge and experience to best protect their clients’ interests. In fact, one of our lawyers is a former Morris County domestic violence prosecutor who now applies his unique insight into these cases to effectively represent our clients in these matters. When we become involved in your case, we handle every aspect, including final restraining order hearings and criminal proceedings. We work with you to build the most comprehensive and compelling case on your behalf and help you to best prepare for the pending legal challenges that you face, which can alter the course of your life for years to come.

Representation for Restraining Order Hearings in Morris County Superior Court, Family Division

If you are in need of assistance with a restraining order or domestic abuse matter in Roxbury, Morristown, Parsippany, Morris Township, Mount Olive, Denville, or elsewhere in Morris County, contact our offices in Morristown today at (908) 336-5008 for a free consultation about your specific case. We are available immediately to answer your questions and discuss the best path for moving forward.

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Understanding Restraining Orders in New Jersey

When an alleged victim files for a Temporary Restraining Order (TRO), the case will be scheduled for a Final Restraining Order (FRO) hearing. This hearing usually occurs within 10 days, and it takes place at the Superior Court, Family Part. At the FRO hearing, a Superior Court judge will determine whether a final restraining order should be issued in your case.

If you are scheduled to appear at a final restraining order hearing in New Jersey, there are certain things you should know. The following pages will provide you with valuable information and helpful answers to questions you might have:

• Final Restraining Orders (FRO)
• Temporary Restraining Orders (TRO)
• How to File a Restraining Order
• Restraining Order vs. Criminal Charges
• Violation of a Restraining Order
• Contempt of Court

New Jersey Domestic Violence Law: N.J.S.A. 2C:25-17

In 1991, the New Jersey legislature passed the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17), which governs the rules and procedures for restraining orders in the state. The statute stipulates who has standing as a victim of domestic violence, what acts are considered crimes of domestic violence, and the procedures by which both temporary and final restraining orders may be issued.

Who is Considered a Victim of Domestic Violence?

First, a victim of domestic violence must be considered a protected person under the Domestic Violence Act, which requires the parties to:

• Have previously resided together;
• Have had a dating or marriage relationship; and
• Have a child together or will have a child together.

Restraining order cases are extremely common in situations involving divorce, break-ups, and child custody disputes. The problem is that sometimes, a restraining order is absolutely necessary, while in other scenarios a spiteful ex will make false accusations to hurt their former partner. Whatever your specific circumstances are, it is extremely important to have an experienced attorney who can gather all of the evidence you need to prove your side of the story.

Predicate Acts of Domestic Violence

If you meet the criteria for a protected person under NJ Domestic Violence Law, the next necessary component of a restraining order case is a predicate act of domestic violence. In other words, the plaintiff must have committed one of the following criminal offenses:

• Homicide, N.J.S.A. 2C:11-1
• Assault, N.J.S.A. 2C:12-1
• Harassment, N.J.S.A. 2C:33-4
• Stalking, N.J.S.A. 2C:12-10
• Terroristic Threats, N.J.S.A. 2C:12-3
• Kidnapping, N.J.S.A. 2C:13-1
• Criminal Restraint, N.J.S.A. 2C:13-2
• False Imprisonment, N.J.S.A. 2C:13-3
• Sexual Assault, N.J.S.A. 2C:14-2
• Aggravated Criminal Sexual Contact, N.J.S.A. 2C:14-3
• Lewdness, N.J.S.A. 2C:14-4
• Criminal Mischief, N.J.S.A. 2C:17-3
• Criminal Trespass, N.J.S.A. 2C:18-3
• Criminal Coercion, N.J.S.A. 2C:13-5

Sometimes, the accused person in a domestic abuse case will face criminal charges for one of the offenses above in addition to the restraining order. If so, the criminal case is handled in an entirely different venue than the restraining order case and the outcome of one does not necessarily influence the outcome of the other. Our Morris County domestic violence attorneys handle all components of these cases in order to ensure our clients are protected in both criminal and family court.

Contact a Mount Olive Restraining Order Attorney to Discuss Your Case 

If you or a loved one has been charged with a domestic violence criminal offense or you are facing a restraining order in Morris County, New Jersey, it is imperative that you contact an experienced restraining order lawyer for help. The legal process moves very quickly when dealing with restraining orders, so do not delay. Contact us at our Morristown office anytime at (908) 336-5008 for a free consultation.