Vernon Final Restraining Order Lawyers
Domestic Violence Attorneys in Warren and Sussex Counties NJ
Final Restraining Order
A final restraining order (“FRO”) in New Jersey is permanent and does not expire after the passage of any set time frame. Additionally, FROs in New Jersey do not have any “distance” requirement but, rather, prohibit any and all contact with the plaintiff. If the court does issue a FRO, the defendant will be fingerprinted, entered in the domestic violence registry, and ordered to forfeit all firearms not already surrendered to law enforcement. Importantly, because of the domestic violence registry, having a FRO entered against you can adversely impact your ability to get a job or even travel.
If you have been ordered to attend a FRO hearing in Sussex or Warren County, you should contact the restraining order defense attorneys at the Tormey Law Firm. We have handled countless domestic violence cases in Hopatcong, Washington Borough, Franklin Borough, Frankford Township, and throughout New Jersey. Our lawyers are well-versed in the nuanced approaches and defense strategies that can be utilized to defend your restraining order case. Simply contact our offices today at 973-755-1695 to receive your cost-free initial consultation.
Here is a review from one of our many satisfied restraining order clients:
“Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease”
5.0 stars
Posted by Aaron
“Upon consultation I hired Travis Tormey to defend me in a very emotional and scary time of need where I was facing a potentially devasting FRO. Travis was knowledgeable, comforting, and most importantly confident. THIS GUY KNOWS THE LAW! Watch his YouTube clips, read his reviews, and simply call him to discuss your case. I did and was so impressed with his amazing win in court. Don’t go into court without this guy in your corner. Consulted, hired, and successfully had my day in court. Thanks for everything, I hope I never need a defense attorney again, but if I do, Travis Tormey is the only lawyer I would use. All 5 stars !”
Final Restraining Orders in New Jersey
After a court enters a temporary restraining order (“TRO”), a final restraining hearing will be scheduled within 10 days. Restraining order matters in New Jersey take place in the Family Part of the Superior Court, either where the alleged act of domestic violence occurred or where one of the parties resides. During the final restraining order hearing, the plaintiff has the burden to prove by a preponderance of the evidence, or more likely than not (51%), that a predicate act of domestic violence occurred and that a FRO is needed to protect the plaintiff now or in the immediate future.
The first step is that the plaintiff needs to prove that a predicate act of domestic violence occurred. Pursuant to N.J.S.A. 2C:25-19 (1) through (19), the Prevention of Domestic Violence Act (“PDVA”) sets forth nineteen sufficient predicate acts of domestic violence that can support a FRO: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, cyber-harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order, and any other crime involving risk of death or serious bodily injury. The second step is that the court must assess the evidence to determine if there is a reasonable need to protect the victim from the aggressor or, in other words, that a FRO is necessary to protect the plaintiff.
Restraining Order Hearings – Family Division, Superior Court
FRO hearings are trials that must be conducted in accordance with the New Jersey Court Rules and the New Jersey Rules of Evidence, which control who can be called as witnesses, what types of questions can be asked, and what types of items can be admitted into evidence. For example, there may be supposed photographs, text messages, or voicemails that a party wants to use during the FRO trial. But, those items must be properly authenticated in order for the court to admit them into evidence. Thus, if you were served with a TRO and you are scheduled to attend a FRO hearing, you should contact a restraining order attorney who is not only familiar with family court proceedings, but who has also handled countless restraining order cases throughout New Jersey in the past.
The Plaintiff has the burden of proof and goes first. He or she will testify and admit evidence in an attempt to prove that there was an act of domestic violence and a reasonable person in their position would be in fear for their safety. The Defendant then has an opportunity to cross examine the Plaintiff and their witnesses (if any). Both parties can represent themselves or hire attorneys – there are no public defenders appointed because these are not criminal cases.
After the Plaintiff rests, the Defendant can testify (if they chose) and admit any evidence the court allows and is relevant. There is no burden on the Defendant to testify or admit any evidence, the burden always remains with the Plaintiff and never shifts.
Both parties can then make closing arguments before the Judge and then the Judge will render a decision. Either the TRO will be dismissed if the Plaintiff failed to meet their burden of proof or the final restraining order (FRO) will be issued against the Defendant. If issued, these are permanent and never expire. The Defendant is fingerprinted and placed into a statewide database for domestic violence offenders. They are prohibited from owning or possessing firearms. If they violate the TRO or FRO at any time, they will be arrested and charged with contempt of court, a criminal charge punishable by fines, probation, and even mandatory jail time for a 2nd or subsequent offense.
Contact Sparta Final Restraining Order Attorneys for Immediate Assistance
No matter what kind of domestic violence allegations you may be facing, the Sussex and Warren County restraining order defense attorneys at the Tormey Law Firm can help. Our experienced lawyers are available 24/7 at 973-755-1695 to discuss your case and defend you at an FRO trial.