Morris County Temporary Restraining Order Lawyer

Domestic Violence Attorneys in Morristown, New Jersey

Morris County Temporary Restraining Order LawyerIf you’ve been charged with a criminal offense and/or 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 restraining order 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.

The Tormey Law Firm is a team of highly skilled criminal and restraining order attorneys with extensive experience defending clients facing restraining orders and charges for domestic violence-related offenses, including stalking, aggravated assault, terroristic threats, and kidnapping in Morristown, Parsippany-Troy Hills, Denville, Dover, Budd Lake, Victory Gardens, Rockaway, and throughout Morris County. Travis J. Tormey, our firm’s founder, has successfully represented clients at restraining order hearings throughout New Jersey for many years. He and his team, which includes former domestic violence prosecutors, have handled countless restraining orders, appearing in courts across the state on a weekly basis while aggressively defending those accused of domestic violence. They take on the most complex and challenging restraining order cases, amassing an incredible arsenal of knowledge and experience that they use to achieve superior results for their clients. If you are involved in a restraining order matter in New Jersey, contact The Tormey Law Firm anytime at (908) 336-5008 for a cost-free consultation about your case, or schedule an appointment at our Morristown office. One of our Morris County restraining order attorneys will address all of your questions and concerns and we always provide consultations free of charge.

Temporary Restraining Orders in Morris County NJ

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.

Frequently Asked Questions regarding Temporary Restraining Orders (TRO) in NJ

FAQ: Can I appeal the issuance of a temporary restraining order against me? Yes.

FAQ: Can I file a motion to modify the terms of the temporary restraining order? Yes. You can file an emergent motion to modify the terms of the temporary restraining order. You can ask the Judge to allow you back into your home to get your property, you can ask for temporary child support, custody, visitation, and any other relief that may be necessary before the final restraining order hearing is conducted.

FAQ: Where can I obtain a temporary restraining order (TRO) in Morris County? At the Morris County Superior Court, your local police department, or the local Municipal Court.

Contact a Parsippany-Troy Hills Temporary 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 Morris County or elsewhere in New Jersey, it is imperative that you contact an experienced restraining order lawyer for help. Call our Morristown office location anytime at (908) 336-5008 for a free consultation.

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


  • 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.