Restraining Order Procedures in NJ: A Roadmap by Travis J. Tormey

Morristown Restraining Order Attorneys

Need Help with a Restraining Order in Morris County NJ?

Here is a basic roadmap of how a New Jersey restraining order case will proceed once a temporary restraining order (TRO) is filed. Once a TRO is obtained, the case will be scheduled for a final restraining order (FRO) hearing within 10 days. The case will be handled in the Family Division of the Superior Court in the county in which the TRO was granted. At the first hearing, the Judge will ask both parties if they wish to proceed that day or if they need a postponement. A postponement will usually be granted the first time so that either party can seek legal advice or if either party needs to gather evidence or line up witnesses for the trial. Because it is a civil case (and not criminal), neither party has a right to an attorney. An attorney is optional and can be obtained by hiring private counsel or, for an alleged victim, there are some legal groups that will provide free legal services to a plaintiff in need. Otherwise, the parties will represent themselves at the trial.

At the final hearing, the plaintiff goes first and has the burden of proof. Because it is a civil case (and not a criminal case), the standard of proof is “by a preponderance of evidence,” which basically means more likely than not. If the plaintiff can show the following three things by more than 50 percent of the weight of credible evidence, then the restraining order will be granted:

The trial is held before and decided by a Judge, not a jury. The plaintiff goes first and seeks to admit any and all evidence they want to show that a predicate act of domestic violence has occurred. If they allege harassment and stalking in the temporary restraining order (TRO), then they must prove harassment and stalking at the trial. Any alleged predicate acts of domestic violence that were not included in the restraining order cannot be alleged at trial. The defendant must have notice of the alleged acts of domestic violence prior to the trial. In addition, the plaintiff should include any prior history of domestic violence in the TRO and must prove those incidents at trial. Some of the evidence that can be used at trial to prove the case include:

  • Plaintiff’s testimony
  • Witness testimony
  • Photos of injuries, damage done, etc.
  • Text messages of threats, harassment, etc.
  • Voice messages of threats, harassment, etc.
  • Emails of threats, harassment, etc.
  • Prior police reports that have been filed
  • Any hospital or doctor records regarding injuries sustained

After the plaintiff has testified, admitted any evidence he or she wishes to admit, and called any additional witnesses they choose, the plaintiff rests. It is then the defendant’s turn to testify (if they choose), admit any rebuttal evidence they may have (including texts, emails, voicemails, etc.), and call any witnesses they choose. Once the defense rests, then the judge will decide whether or not a permanent (final) restraining order should issue.

If the judge determines that the plaintiff has met the burden of proof and established predicate act(s) of domestic violence and that a restraining order is necessary to protect the plaintiff, then a final restraining order (FRO) is issued. This FRO is permanent and never expires. The defendant is fingerprinted and placed in a statewide database for domestic violence offenders. The defendant can no longer have any contact with the plaintiff and any other individuals who are named in the FRO (i.e. the victim’s parents). The defendant may also be prohibited from the plaintiff’s home, place of employment, etc. All of these details will be spelled out in the final order. Additionally, the defendant will no longer be allowed to own firearms, and any firearms that were seized upon the issuance of the TRO will be forfeited. Moreover, if the defendant is not a US citizen, the issuance of the permanent restraining order could affect their immigration status, as well as their ability to enter and leave the country legally.

If the judge determines that the plaintiff failed to meet the burden of proof for the issuance of the final restraining order (FRO), then the case will be dismissed. If the TRO is dismissed, there are no longer any restrictions on the defendant and their ability to contact the plaintiff. In addition, any firearms that were seized based on the issuance of the TRO should be returned to the defendant by the county prosecutor’s office.

Contact our Morris County Restraining Order Lawyers Now for Free Consultation

For more information, contact the Tormey Law Firm at 201-556-1570.

Client Reviews

  • Excellent Representation

  • Quite Pleased

  • Professional and Responsive

  • Wonderful and Trusted Lawyer in American

  • Restraining Order Dismissed

  • Life saver!

  • Assault charge

  • James

  • Managing Director

  • Travis J. Tormey is a NO NONSENSE type of guy that gets things Done Right with No Delays. Excellent Find.

  • Excellent Attorney, Highly Recommend!

  • No promises, just a Pro!

  • Excellent Lawyer... Helped me in every step off my Case..

  • Great work

  • Best lawyer!!

  • FRO removal success!!

  • Easy to work with, straightforward

  • Kept my license

  • Father of client

  • Excellent Attorney , Charges Dismissed as promised

  • Helped every step of the way

  • Avoid mandatory jail time on shoplifting charges

  • GREAT – HONEST- ATTORNEY -AND – VERY GOOD

  • Help

  • Did the job he was hired to do

  • Great lawyer

  • Simple assault charge was dropped

  • Top Notch Representation

  • Well worth it.

  • DUI Case Dismissed

  • 2 felony charges dismissed

  • Cameron bury

  • great attorney

  • Hands Down Professional and delivers results!!!

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Video Library

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Morristown Location

55 Madison Avenue, Suite 400, Morristown, NJ 07960

(908) 336-5008 Directions

Areas we serve

All of Morris County including Boonton, Boonton Township, Butler, Chatham Borough, Chatham Township, Chester Borough, Chester Township, Denville Township, Dover, East Hanover Township, Florham Park, Hanover Township, Harding Township, Jefferson Township, Kinnelon, Lincoln Park, Long Hill Township, Madison, Mendham Borough, Mendham Township, Mine Hill Township, Mount Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive Township, Mountain Lakes, Netcong, Parsippany-Troy Hills Township, Pequannock Township, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury Township, Victory Gardens, Washington Township, and Wharton.

Visa-Mastercard-Amex-Discover