New Jersey Defense Lawyers for Restraining Orders & Domestic Violence

Leading Defense Lawyers Help Clients with Restraining Orders & Allegations of Domestic Violence in New Jersey

New Jersey judges have the authority to issue a restraining order if you are accused of committing an act of domestic violence.  Temporary restraining orders (TROs) can be issued without proving that you actually committed an act of domestic violence.  TROs based upon domestic violence can also be finalized within a mere 10 days after issuance.  If you have been accused of domestic violence or are subject to a TRO, it is critical to speak with an experienced lawyer as soon as possible.

At Team Law, our trusted defense lawyers have been working to protect clients’ rights for more than 60 years.  With our proven team by your side, you can rest assured that we will do everything possible to get the best outcome in your case.  Our full-service lawyers have the experience needed to fight to have a TRO lifted, prevent a TRO from becoming final and to develop a strong defense to any underlying domestic violence charges.

If a TRO has been issued, our lawyers are here to protect your rights and your freedom of movement.  We know that situations involving domestic violence are almost always complex and emotionally charged.  A skilled, compassionate domestic violence defense lawyer can handle the legal aspects to help you put a difficult time behind you.

At Team Law, we know the law and are ready to put that knowledge to work for you.  Call our office today to schedule a free and confidential consultation with an experienced domestic violence and restraining order defense lawyer.

New Jersey Prevention of Domestic Violence Act

Domestic violence issues in New Jersey are governed by the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17).  The law protects against all forms of domestic abuse at the hands of certain specified individuals, including abuse allegedly perpetrated against a person over age 18 by:

• A spouse or former spouse
• Current and former household members, such as roommates, adult children or live-in partners
• Current and former romantic partners (this category of listed individuals applies regardless of the alleged victim’s age)
• The parent, or prospective parent, of a shared child, whether biological or adopted (this category of listed individuals applies regardless of the alleged victim’s age)

The law identifies multiple criminal offenses that are treated as domestic violence offenses when perpetrated against another person who shares a relationship described above.  Examples of the types of crimes included are:

• Homicide
• Assault
• Sexual assault
• Kidnapping
• Terroristic threats
• Harassment
• Stalking
• Criminal trespassing
• Criminal mischief
• Cyber harassment
• Criminal restraint
• Criminal sexual contact
• Burglary
• Robbery
• False imprisonment
• Lewdness
• Violations of a restraining order

In many cases, a restraining order is issued in conjunction with an arrest on charges that the defendant committed one of these listed offenses.  However, the underlying charges are handled in Superior Court, while the restraining order, which is technically a civil matter, is handled in Family Court.  Our lawyers at Team Law are equipped to handle both the criminal domestic violence allegations and civil restraining order defense.

Temporary vs. Final Restraining Orders: Understanding the Important Consequences

Restraining orders can be issued on a temporary basis based upon any showing of credible evidence that domestic violence has occurred. Practically, this means that TROs are routinely issued based upon mere allegations of domestic violence.  Unlike in a criminal matter, there is no need to prove guilt beyond a reasonable doubt.

However, TROs are only effective for ten days.  After this point, a hearing is held to determine whether the TRO should be made final.  It is critical that you are represented by an experienced defense lawyer at this hearing—because once a TRO is finalized, it becomes much more difficult to lift the restrictions.  The key elements the judge considers when deciding whether to finalize a TRO are:

• Is there any history of domestic violence between the parties?
• Did the alleged incident of domestic violence really occur?
• Does the alleged victim have reasonable cause to fear for his or her future safety?

Our defense lawyers at Team Law are skilled negotiators and experienced in advocating for clients’ rights before a judge.  We will collect and present all relevant evidence to make the strongest possible case to prevent a TRO from becoming finalized. 

In some cases, while domestic violence charges remain pending, the judge may be inclined to make the TRO final.  Our lawyers’ goal is to reach a result that protects your best interests—often, by arguing to relax or remove some of the restrictions originally placed in the restraining order.  

Having the best possible lawyer by your side is important because of the substantial restrictions a restraining order might contain to prevent future domestic violence, such as:

• Prohibiting you from returning to your home, business or place where the alleged domestic violence took place
• Limiting or eliminating your child custody or visitation rights
• Prohibiting all communication between you and your accuser
• Requiring you to pay child support, living expenses and even medical expenses of your accuser
• Prohibiting you from being in physical proximity to your accuser, which can prevent you from attending family events, community events and even church
• Prohibiting you from possessing a firearm or other weapon

Call Today for a Free Initial Consultation with a Restraining Order & Domestic Violence Lawyer

At Team Law, our skilled domestic violence defense lawyers will form a comprehensive defense plan strategically designed for your unique situation.  Contact Team Law today to speak with an experienced and compassionate lawyer about your domestic violence charges or restraining order.  We offer a free initial consultation for all potential clients.

Frequently Asked Questions About Restraining Orders & Domestic Violence