Temporary Restraining Orders

Temporary Restraining Orders

Temporary Restraining Order Attorneys Bergen County, NJ

Extensive Experience Handling All Restraining Order Matters in New Jersey

New Jersey law protects the victims of domestic violence and abuse through the Prevention of Domestic Violence Act. Part of this protection is the ability for domestic violence victims to secure legal protection through temporary restraining orders, and ultimately, final restraining orders.

All final restraining orders in New Jersey are permanent, but before this protection can be secured, a temporary restraining order must be filed first, at which point a final restraining order hearing will be scheduled, usually within 10 days of the temporary restraining order being issued.

Temporary restraining orders require little hard proof of actual domestic violence or abuse, and while this is important for victims of domestic violence to secure immediate legal protections, it also opens the door for false accusations of domestic violence by angry, jealous, or unstable persons.

Whether you are seeking legal protection against an abuser, or need legal representation when you have been falsely accused of domestic violence, the attorneys of Townsend, Tomaio & Newmark have extensive experience handling all restraining order matters in towns across Bergen County, including Paramus, Teaneck, Ridgewood, Hackensack, and Fort Lee, and we are ready to begin helping you today.

What Is a Temporary Restraining Order?

Temporary restraining orders are legal actions that prevent the named party (the defendant) from contacting the plaintiff, their employer, possibly their children and/or other family members, or even coming within a certain range of any of those parties. However, temporary restraining orders, as the name suggests, are only temporary, usually lasting for only 10 days.

Additionally, if the named party of the temporary restraining order shares a residence with the plaintiff, the defendant will be required to leave that residence for the duration of the temporary restraining order, even if they are the owner of that residence.

As previously mentioned, temporary restraining orders require little hard proof of domestic violence or abuse, and can usually be secured with allegations alone. This is important for victims of domestic violence and abuse, but also makes temporary restraining orders easily abused. Remember, however, that within 10 days of securing a temporary restraining order, hard proof of those same allegations will need to be presented during a final restraining order hearing.

If you require legal protection against an abuser or need legal representation due to false allegations of domestic violence, contact our Paramus restraining order attorneys today.

How Can I Get a Temporary Restraining Order in Bergen County?

To secure a temporary restraining order, a complaint must be filed with the Family Part of the Chancery Division of the Superior Court, that is to say, in the county courthouse of where you reside, your abuser resides, or where the incidents of domestic violence took place. For domestic violence in Bergen County, you will need to go to the Bergen County courthouse.

At the courthouse, you will provide personal information, and ideally information about your abuser, such as his or her address, place of employment, telephone number, license plate number, whether or not they possess a firearm, and if they have any history of alcohol or drug abuse. You will also need to fill out several forms, of which the county court clerk can provide you, or you can download and print them out before going to the courthouse.

** If your situation is an emergency, or is taking place outside of court operating hours, an on-call judge is always standing by for just such situations, and you can contact them by first calling 911 and having the police reach out to the judge themselves. **

Remember, the county clerk is there to provide you with the necessary paperwork and record your complaint, not to give you legal advice. If you have any issues, concerns, or questions regarding the filing of your temporary restraining order, what it entails, or your legal rights and responsibilities, contact our Bergen County law office today.

Once all of your forms have been filled out, a judge will be presented with your request for a temporary restraining order. If they feel that a temporary restraining order is required to protect your family’s or your own life, health, or well being, they will issue the TRO, and additionally schedule a final restraining order hearing, usually within 10 days of the TRO being issued.

Contact Our Hackensack Temporary Restraining Order Attorneys Today

At The Law Office of Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients with all matters related to domestic violence and temporary or final restraining orders. By practicing exclusively family law, our firm can focus on providing each of our clients with the knowledgeable, effective, and compassionate legal counsel that they need and deserve in matters so critical to their financial, legal, and parental futures. Whether you need legal protection from an abuser, or have been falsely accused of domestic violence and have had a temporary restraining order placed against you, our office is ready to represent you and your interests, and provide you with exactly this kind of service. To speak with our attorney team today in a free and confidential consultation regarding any needs, concerns, or issues you may have with a temporary restraining order, contact our firm today.

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