Morris County Final Restraining Order (FRO) Lawyer

Domestic Violence Defense Attorneys in Morris County, New Jersey

Morris County NJ Restraining Order Help

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. Moreover, it is crucial that your attorney understands the complex rules governing restraining orders in New Jersey. The Tormey Law Firm is a group of seasoned restraining order defense attorneys with extensive experience defending clients against restraining orders and domestic violence charges such as simple assault, harassment, and possession of a weapon for an unlawful purpose in Parsippany, Mount Olive, Roxbury, Chatham, Madison, Mendham and throughout Morris County. With a team that includes a former Morris County domestic violence prosecutor, our lawyers have the knowledge and skill to tackle the most challenging domestic violence issues and we are here to help you. If you or a loved one is now facing a temporary restraining order (TRO) and is required to appear at an upcoming final restraining order hearing, it is imperative that you speak with a restraining order attorney immediately. If you need help now, contact the Morristown offices of The Tormey Law Firm at (908) 336-5008 to speak with a Morris County restraining order defense lawyer who will answer your questions in 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.

What if I don’t have standing under Domestic Violence Act?

In July 2023, Governor Murphy expanded the ability of domestic violence victims to file for protection in NJ courts. Under the Domestic Violence Act, a victim must have standing to file for a temporary restraining order (TRO) which means that the parties must have had a dating relationship, a child in common, or lived together at some point. Now, that is no longer the case. Even if a victim can’t establish standing under the domestic violence act, they can still apply for a temporary protective order against anyone if they can establish any of the following acts of domestic violence:

• stalking
• cyber-harassment
• nonconsensual sexual contact
• lewdness
• sexual penetration

Temporary Protective Orders NJ 2C:14-15

The new statute is NJ 2C:14-15 which provides in pertinent part:

What evidence can be used at a final restraining order trial?

The final restraining order trial will be held before a Judge in the Family Division of the Morris County Superior Court located in Morristown, New Jersey. Both parties (plaintiff and defendant) can represent themselves or hire private attorneys (there are no public defenders because these are civil cases, not criminal). The Plaintiff goes first and has the burden of proof. They will testify and admit any evidence they believe is relevant to prove the elements required to obtain a final restraining order. Some of this evidence typically includes:

• Witness testimony
• Text Messages
• Voicemails
• Emails
• Videos
• Pictures of injuries
• Police reports
• Hospital records

Once the Plaintiff is finished testifying, the defense has an opportunity to cross examine them. Then, the defendant can testify but does not have to. The burden of proof always remains with the Plaintiff. Once both parties are finished, the Judge will issue a decision. Either the temporary restraining order is dismissed or the final restraining order is granted.

What Happens if a Final Restraining Order is Issued Against Me?

If the Judge issues a final restraining order (FRO) against you in New Jersey, it is permanent and never expires. You will be fingerprinted, placed in a statewide database for domestic violence offenders and you will be prohibited from owning firearms. It could also effect your employment, any professional licenses you may have, and could effect your immigration status if you are not a US citizen. In addition, you will typically be detained at the airport and questioned when you are traveling to ensure that the plaintiff is also not traveling in your vicinity.

How Can I get a Final Restraining Order Removed?

If you have a final restraining order (FRO) issued against you, there are two ways to have it removed. First, if the plaintiff voluntarily dismisses it then the restraining order will be dismissed. The second option is to file a motion to have the restraining order vacated. To do so, you must show the court and the judge that there has been a significant change in circumstances such that the original restraining order is no longer necessary. Some considerations include how much time has passed, that there have been no violations of the restraining order, whether or not the parties reside close to each other in proximity, etc. The plaintiff must be served with a copy of this motion and he or she has an opportunity to object to the removal of it. Then the judge will determine whether or not the restraining order should be vacated and dismissed.

Contact a Morristown Restraining Order Lawyer for a Free Consultation

Under certain circumstances, there are two separate and distinct proceedings in domestic violence case, so it is possible to have a criminal case and a restraining order hearing. In these scenarios, the criminal charge may be dismissed but the final restraining order issued – and vice versa. A skilled domestic violence defense 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 Morris County, New Jersey, do not delay in speaking with an experienced restraining order lawyer. Contact the Tormey Law Firm today at (908) 336-5008 for a free consultation over the phone or an appointment at our Morristown office.