Morristown NJ Temporary Restraining Order Lawyers
Restraining Order Attorneys in Morris County, New Jersey
If you’ve been charged with a criminal offense and are facing a Temporary Restraining Order (TRO), it is absolutely imperative that you speak with an experienced restraining order lawyer. You need to understand the rules governing restraining orders in order to effectively respond at your TRO hearing. Additionally, there are usually two separate and distinct proceedings in these cases, so it may be possible to have the criminal charge dismissed but the final restraining order issued – and vice versa. A criminal defense lawyer can help guide you through this process.
Travis J. Tormey is a skilled criminal defense and drunk driving (DWI) attorney with extensive experience defending clients charged with domestic violence-related offenses, including stalking, aggravated assault, and kidnapping in Morristown, Parsippany, Mount Olive, and Denville. Mr. Tormey appears regularly in Superior Courts and Municipal Courts throughout northern New Jersey, allowing him to develop great relationships with prosecutors and judges who respect his work. Moreover, Mr. Tormey has successfully represented clients at restraining order hearings throughout New Jersey for many years. He is available to assist you immediately. Contact his Morristown office anytime at 866-949-6948 for a free consultation.
Temporary Restraining Orders in New Jersey
The rule governing the issuance of a Temporary Restraining Order in New Jersey is Rule 5:7A, which provides, in pertinent part:
Rule 5:7A – Domestic violence: restraining orders
(a) Application for Temporary Restraining Order. Except as provided in paragraph (b) herein, an applicant for a temporary restraining order shall appear before a judge personally to testify upon the record or by sworn complaint submitted pursuant to N.J.S.A. 2C:25-28. If it appears that the applicant is in danger of domestic violence, the judge shall, upon consideration of the applicant’s domestic violence affidavit, complaint or testimony, order emergency relief including ex parte relief, in the nature of a temporary restraining order as authorized by N.J.S.A. 2C:25-17 et seq.
(b) Issuance of Temporary Restraining Order by Electronic Communication. A judge may issue a temporary restraining order upon sworn oral testimony of an applicant who is not physically present. Such sworn oral testimony may be communicated to the judge by telephone, radio or other means of electronic communication. The judge or law enforcement officer assisting the applicant shall contemporaneously record such sworn oral testimony by means of a tape-recording device or stenographic machine if such are available; otherwise, adequate long hand notes summarizing what is said shall be made by the judge. Subsequent to taking the oath, the applicant must identify himself or herself, specify the purpose of the request and disclose the basis of the application. This sworn testimony shall be deemed to be an affidavit for the purposes of issuance of a temporary restraining order. A temporary restraining order may issue if the judge is satisfied that exigent circumstances exist sufficient to excuse the failure of the applicant to appear personally and that sufficient grounds for granting the application have been shown. Upon issuance of the temporary restraining order, the judge shall memorialize the specific terms of the order and shall direct the law enforcement officer assisting the applicant to enter the judge’s authorization verbatim on a form, or other appropriate paper, designated the duplicate original temporary restraining order. This order shall be deemed a temporary restraining order for the purpose of N.J.S.A. 2C:25-28. The judge shall direct the law enforcement officer assisting applicant to print the judge’s name on the temporary restraining order. The judge shall also contemporaneously record factual determinations. Contemporaneously the judge shall issue a written confirmatory order and shall enter thereon the exact time of issuance of the duplicate order. In all other respects, the method of issuance and contents of the order shall be that required by sub-section (a) of this rule.
(c) Temporary Restraining Order. In court proceedings instituted under the Prevention of Domestic Violence Act of 1990, the judge shall issue a temporary restraining order when the applicant appears to be in danger of domestic violence. The order may be issued ex parte when necessary to protect the life, health, or well-being of a victim on whose behalf the relief is sought.
When Can a Judge Issue a Temporary Restraining Order in NJ?
A judge can issue a temporary restraining order when they find the following:
- 1) The alleged victim has standing under the Prevention of Domestic Violence Act: The law requires that the parties had a dating relationship, previously resided together, or have a child together.
- 2) An act of domestic violence occurred: There are 14 predicate acts of domestic violence, including stalking, harassment, simple assault, and terroristic threats. One of these domestic violence acts must have taken place in order to trigger a TRO.
- 3) A restraining order is necessary to prevent further domestic violence.
If the judge issues a Temporary Restraining Order (TRO), the alleged aggressor will be prohibited from having any contact with the victim, the victim’s family, the victim’s place of employment, the victim’s home, and anyone or anywhere else indicated in the restraining order. The case will be scheduled for a Final Restraining Order (FRO) hearing, usually to take place within 10 days at the Superior Court, Family Part. At this hearing, the judge will determine if a final restraining order should be issued.
It is important to note that if a final restraining order is not issued at the FRO hearing, the judge will also dismiss the temporary restraining order.
Contact a Parsippany NJ Restraining Order Lawyer for a Free Consultation
If you or a loved one has been charged with a domestic violence-related 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. Call our Morristown office location anytime at 866-949-6948 for a free consultation.