Hackettstown Temporary Restraining Order Lawyers
Restraining Order Attorneys in Sussex and Warren County, New Jersey
Temporary Restraining Order
New Jersey’s Prevention of Domestic Violence Act (“PDVA”) sets forth the requirements and procedures related to a Temporary Restraining Order (“TRO”) in New Jersey. The immediate consequences of a TRO are that you cannot, in any way, contact the plaintiff. In addition, if you live with the plaintiff, you will be barred from entering the premises. And, if you own any firearms, you will be required to forfeit them pending the disposition of the restraining order matter. Most importantly, TROs are taken very seriously by the criminal justice system and if you violate a TRO you will be arrested and charged with contempt.
If you have been served a TRO that was issued by the Superior Court, Family Part in Sussex or Warren County, the restraining order attorneys at the Tormey Law Firm are available to answer all of the questions that you have about what the TRO means, what you should do next, and what you can do to dispute the case. We regularly represent clients issued temporary restraining orders in Newton, Sparta, Phillipsburg, Hackettstown, and throughout New Jersey. Contact our offices anytime at 973-755-1695 to receive a cost-free 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 !”
Temporary Restraining Orders in New Jersey
Relationship Criteria for a Restraining Order
Pursuant to N.J.S.A. 2C:25-17 et seq., the first requirement for a TRO is that there must be a particular kind of relationship between the victim and alleged aggressor in order for the plaintiff to have standing to obtain the TRO. That is, in order for anyone to get a restraining order against the alleged perpetrator, the parties must be current or former spouses, have a current or former dating relationship, be current or former household members, or have a child in common or be expecting a child. In short, the plaintiff and defendant must have had a romantic relationship, resided together at any point, or have a child in common. For example, if a boyfriend assaults his girlfriend, the girlfriend would have standing to request a temporary restraining order. On the other hand, if two random people or neighbors have a physical dispute or argument, neither party would have standing to get a restraining order against the other.
Predicate Acts of Domestic Violence
If the plaintiff has standing to obtain a TRO, the next question will be whether or not a predicate act of domestic violence is alleged. According to N.J.S.A. 2C:25-19 (1) through (19), there are nineteen sufficient predicate acts of domestic violence that can support a TRO: 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.
Temporary Restraining Order Procedure
Procedurally, the alleged aggressor is not made aware of a TRO until after the court issues the restraining order. In other words, the victim will appear ex parte and be required to provide information to either a domestic violence hearing officer or a judge when applying for a TRO, but the defendant will not be notified of that proceeding. Only if a TRO is granted will the county sheriff or designated party serve the defendant with the TRO. Then, a hearing will be scheduled at the Superior Court, Family Part for the defendant to have an opportunity to challenge the restraining order. If the TRO results in a final restraining order (“FRO”) the defendant will be fingerprinted, entered in the domestic violence registry, and ordered to surrender all firearms not already provided to law enforcement. Thus, an FRO can negatively impact one’s ability to obtain employment or even hinder one’s ability to travel.
Temporary Protective Orders – NJS 2C:14-15
Governor Murphy in July 2021 expanded the ability for victims to obtain a temporary protective order (TPO) even when a domestic relationship doesn’t exist. Now, an alleged victim can apply for a temporary protective order for cyber-harassment or stalking against anyone, not just someone they were previously involved with or resided with.
Contact Allamuchy Restraining Order Lawyers for a Free Consultation
If you live in Sussex or Warren county and you are served with a TRO, you should consult with the restraining order defense attorneys at the Tormey Law Firm to discuss your defense options, learn more about how to contest the case in court, and how to potentially get the TRO dismissed. One of our highly knowledgeable lawyers is available immediately to assist you.
