Morris County NJ Restraining Order Attorneys
Domestic Violence Lawyers with Offices in Morristown, New Jersey
Travis J. Tormey is an experienced criminal defense attorney who has years of experience representing clients charged with domestic violence offenses, including stalking, harassment, and terroristic threats. Mr. Tormey has successfully defended clients at Temporary Restraining Order (TRO) hearings and Final Restraining Order (FRO) hearings throughout Morris County, NJ courtrooms, including courts in Morristown, Parsippany, Roxbury, and Denville. Additionally, as an experienced litigator who appears on a daily basis in Superior Courts and Municipal Courts throughout New Jersey, Mr. Tormey has developed excellent working relationships with prosecutors and judges.
If you or a loved one has been charged with a criminal offense and is facing a Temporary Restraining Order (TRO), Mr. Tormey is available to assist you immediately. It is absolutely vital that you speak with Mr. Tormey as soon as possible so that you can best prepare for the pending legal challenges that you face. In the case of a restraining order, there will be two separate and distinct proceedings: a restraining order hearing and a criminal court proceeding. Depending on the circumstances, an experienced lawyer may be able to get both the criminal charge and the restraining order dismissed. Call Mr. Tormey today at his Morristown office at 866-949-6948 so that he can look over the details of your file and determine what needs to be done in your case.
Restraining Orders and Domestic Violence Charges in New Jersey
If you are facing a restraining order 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:
- Contempt of Court
- Final Restraining Orders (FRO)
- Temporary Restraining Orders (TRO)
- Restraining Order vs. Criminal Charges
- Violation of a Restraining Order
The Prevention of Domestic Violence Act: N.J.S.A. 2C:25-17
In 1991, the New Jersey legislature passed the Prevention of Domestic Violence Act, 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.
First, a victim of domestic violence must be considered a victim 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.
Next, a domestic violence charge must be connected to 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
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.
Contact a Parsippany NJ 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 New Jersey, it is imperative that you contact an experienced criminal defense lawyer for help. The legal process moves very quickly when dealing with restraining orders, so do not delay. Contact Mr. Tormey at his Morristown office location anytime at 866-949-6948 for a free consultation.