Parsippany NJ Final Restraining Order (FRO) Lawyer
Restraining Order Attorneys Located in Morristown, New Jersey
Having a final restraining order issued against can damage your reputation and haunt you for the rest of your life. That’s why you need a lawyer who has successfully defended clients at Final Restraining Order (FRO) hearings for many years.
Travis J. Tormey is a talented criminal defense and drunk driving (DWI) attorney who has years of experience representing clients charged with domestic violence offenses, including harassment, terroristic threats, and stalking throughout New Jersey. Mr. Tormey has defended clients in superior and municipal courts across Morris County, including Parsippany, Mount Olive, Roxbury, and Morristown. As a result of appearing in courts throughout northern New Jersey on a daily basis, Mr. Tormey has developed great working relationships with many prosecutors and judges.
If you or a loved one has been charged with a criminal offense and is now facing a temporary restraining order (TRO), it is imperative that you speak with a domestic violence attorney immediately. Moreover, it is crucial that your attorney understands the complex rules governing restraining orders in New Jersey. If you need help now, contact Mr. Tormey’s Morristown office day or night at 866-949-6948 for a free consultation.
Final Restraining Order (FRO) Hearings in Morris County Superior Court, Family Division
If a Temporary Restraining Order (TRO) was issued against you, a Final Restraining Order (FRO) hearing will be scheduled at the Superior Court, Family Division within 10 days. If a TRO was issued, this means the judge determined that the alleged victim had standing under the Prevention of Domestic Violence Act. Additionally, the Superior Court judge must now determine whether an FRO is necessary. At the FRO hearing, the judge will hear testimony from both parties and from any relevant witnesses to determine if an FRO should be issued. In addition to testimony, exhibits and evidence can be entered. This may include emails, text messages, and voicemail messages.
In order to enter an FRO against you, the judge must determine the existence of the following three factors:
1) A predicate act of domestic violence occurred: The judge must find that an act of domestic violence happened, whether it is stalking, harassment, assault, terroristic threats, etc.
2) A prior history of domestic violence between the parties: If this is the first incident of domestic violence between the parties, this element is not satisfied. Although criminal charges can be issued, a restraining order may not be issued unless the parties have a prior history of domestic violence.
3) The victim is in reasonable fear for their safety and a restraining order is necessary to ensure their safety.
Contact a Roxbury NJ Restraining Order Lawyer for a Free Consultation
There are two separate and distinct proceedings in domestic violence case, so it is possible to have the criminal charge dismissed but the final restraining order issued – and vice versa. A skilled lawyer can help you understand the difference and explore your options. If you or a loved one has been charged with a domestic violence criminal offense, or if you are facing a restraining order in New Jersey, do not delay in speaking with an experienced criminal and domestic violence defense lawyer. Contact the Tormey Law Firm today at 866-949-6948 for a free consultation in our Morristown office.