Do I have grounds for a restraining order in NJ?
Many potential clients contact the Tormey Law Firm LLC asking if they have grounds to file a restraining order in New Jersey. Here are the basics:
To obtain a temporary restraining order (TRO) in NJ, you must show the following:
- That a predicate act of domestic violence has occurred: This can be assault, harassment, stalking, terroristic threats, etc. You can allege multiple acts of domestic violence, but you must be able to show at least one of the enumerated predicate acts of domestic violence in order to obtain a temporary restraining order.
- A prior history of domestic violence: Most restraining order cases also require a showing of a prior history of domestic violence over and above the predicate act of domestic violence (as discussed above). In certain cases, if the predicate act of domestic violence is particularly egregious, then no showing of a prior history of domestic violence will be necessary to obtain a restraining order.
- The victim needs the restraining order to protect them: You must be able to show the judge that you need the restraining order to protect your safety and well-being. This generally means showing that a reasonable person in your situation would be in fear of the defendant and would need the protection of the court system in order to feel safe.
If you can show all three of the above factors, then you have grounds to obtain a restraining order in New Jersey. However, you must also have standing to obtain a restraining order. Standing means that you are a protected party under the Prevention of Domestic Violence Act. To have standing to be able to file a restraining order in NJ, one of the following must apply to you:
- You and the defendant were in a dating relationship at some point.
- You and the defendant resided together at some point.
- You and the defendant have a child together.
If any of those scenarios apply to you, then you may have standing to apply for a temporary restraining order (TRO). You can do so by going to your local police department or to the Superior Court in the county in which you reside.
For more information, contact the Tormey Law Firm directly at (201)-330-4979.
