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Temporary Restraining Orders (TRO)

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Temporary Restraining Order Attorneys Hackensack, NJ

Hackensack Restraining Order Lawyers

Restraining orders can cause a great deal of embarrassment, while also making it difficult for you to travel freely to places where you need to be, such as your place of work, and essentially, to live your life. If you have been involved in a domestic violence incident and have been issued a temporary restraining order in Bergen County, do not allow the potential repercussions to derail your life. Take immediate action and contact an experienced restraining order attorney. The Tormey Law Firm is a team of highly skilled lawyers with extensive experience representing clients in restraining order matters in Bergen County and throughout New Jersey, including in Garfield, Edgewater, Elmwood Park, Mahwah, Ridgewood, Lodi, Lyndhurst, and Rutherford. If you or a loved one is facing a temporary restraining order (TRO) or you are seeking a permanent restraining order, contact the Hackensack, New Jersey offices of The Tormey Law Firm at (201)-330-4979 to discuss your case and receive a free consultation. We will provide you with a free comprehensive analysis of your case and ensure that you understand each step of the process as you move forward.

Here are some real restraining order cases the Tormey Law Firm has handled in Bergen County NJ:

What Is a Temporary Restraining Order (TRO) in New Jersey?

The rule governing the issuance of a Temporary Restraining Order (known as a “TRO”) 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 I Get a Temporary Restraining Order in Bergen County NJ?

A judge can issue a temporary restraining order when the judge finds the following:

  1. There is standing under the Prevention of Domestic Violence Act.
    This means that the parties had a dating relationship, previously resided together, or have a child together.
  2. An act of domestic violence occurred.
    There are approximately 14 predicate acts of domestic violence, including stalking, harassment, simple assault, and terroristic threats.
  3. A restraining order is necessary to prevent further domestic violence.

If the judge deems that the above elements are met, a Temporary Restraining Order (TRO) will be issued. This will prevent the alleged aggressor 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 within 10 days at the Superior Court, Family Part. At this hearing, the judge will determine if a final restraining order should be issued. If a final restraining order does not issue, the judge will also dismiss the temporary restraining order.

Restraining Order Defense: Ways to Beat a Restraining Order in New Jersey

There are many ways to win at a final restraining order hearing. In the video below, Travis Tormey discusses some of the defenses that can be used to win a restraining order case in New Jersey.

Consult a Fort Lee TRO Attorney about Your Restraining Order Case Today

There are very different standards of proof and issues with regard to criminal charges, Temporary Restraining Orders (TRO), and Final Restraining Order hearings (FRO), which is why an experienced domestic violence attorney can serve as an invaluable asset to your case. If you or a loved one has been charged with a domestic violence criminal offense or you are facing a restraining order in New Jersey, contact the Hackensack offices of The Tormey Law Firm to speak with an attorney. Consultations are always provided free of charge. We can be reached 24/7 at (201)-330-4979 or contact us online.

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